List of questions
Updates and background for this project (Digest)
1. Should there be a general cause of action for invasion of privacy? Why or why not?
2. If there should, how should the boundaries of the cause of action be drawn?
3. Should the development of a cause of action for invasion of privacy be left to the common law, or should a statutory cause of action be created?
4. If there should be a statutory cause of action for invasion of privacy, do you agree with the Commission’s preferred statutory model (Proposal 1)? Why or why not? Are there others that would be more effective (for example, the creation of a statutory tort or torts)?
5. When should plaintiffs be entitled to claim an expectation of privacy?
6. What type of invasion should attract the protection of the proposed cause of action?
7. When should the plaintiff be taken to have consented to an invasion of privacy?
8. Should liability for invasion of privacy in relation to disclosure of information be restricted to information not already in the public domain, and, if so, how should the concept of public domain be construed?
9. Should liability for a cause of action for invasion of privacy be restricted to intentional acts only, or extend to reckless and/or negligent acts?
10. How should a cause of action for invasion of privacy take account of the public interest?
11. What public interest factors should qualify an otherwise actionable invasion?
12. Should the plaintiff be required to prove loss or damage in order to bring an action for invasion of privacy?
13. Should an action for invasion of privacy be available only to natural persons or should it be available to corporations as well? If so, when?
14. Should an action for invasion of privacy come to an end with the death of the person whose privacy is alleged to have been invaded?
15 How should invasion of privacy deal with “relational claims”?
16. Do you agree with the Commission’s approach to the remedies that should be available in response to an invasion of privacy (Proposal 2)?
17. Should there be thresholds and ceilings on the amount of damages that can be awarded in proceedings brought for invasion of privacy? If so, what should they be?
18. Should exemplary damages be available for invasion of privacy? Why or why not?
19. Should account of profits be available in response to an invasion of privacy? Why or why not?
20. Should the courts be able to order apologies and make correction orders in response to an invasion of privacy? If so, when?
