Emotional distress caused by invasion of privacy sounds viable to me, however IANAL.
Considering that I personally, as well as several people I know, experience anxiety from what we know - and what we *don't* know about things we know - about cyber privacy invasions by corporations and nations (as well as cracker, terrorist and/or criminal organizations) tracking, profiling, spying, trading the information, etc. etc. - I don't find hard at all to believe that proving harm caused by illegal actions of this short would not necessary be that hard.
After all, you have to remember, these laws came from peoples demand because they felt threatened by them. Is it then hard to see how a court could see violations of such crimes having caused harm?