Consultation Paper 1 (2007) - Invasion of privacy - Law Reform Commission : Lawlink NSW

Where am I now? Lawlink > Homepage > Consultation Paper 1 (2007) - Invasion of privacy	Print page
Consultation Paper 1 (2007) - Invasion of privacy Table of contents Updates and background for this project (Digest) How to get a copy of this Consultation Paper PDF version Terms of reference Participants Submissions List of proposals List of questions 1. INTRODUCTION This inquiry Statutory tort or statutory cause of action? The significance of a statutory cause of action What should a statutory cause of action protect? The Commission’s view Is there need for more general protection of privacy in New South Wales? No broad protection of privacy in civil law A more invasive environment Giving effect to Australia’s international obligations The experience of other countries The weakening of privacy protection in defamation law Should development of an action for invasion of privacy be left to the common law? The Commission’s conclusion Considerations underlying the case for reform The constitutional implication of freedom of political communication The criminal law and privacy Integrating a statutory cause of action within the current privacy framework Potential undesirable consequences of a statutory cause of action The next step The Commission’s approach 2. PRIVACY IN AUSTRALIAN LAW Introduction Statutory regulation Commonwealth New South Wales The nature of statutory regulation The common law of Australia No general action for breach of privacy Victoria Park Racing and Recreation Grounds Co Ltd v Taylor Lenah Game Meats Two first instance decisions Other case law after Lenah Game Meats Other causes of action Trespass to land Private nuisance Defamation Injurious falsehood Passing off The intentional infliction of harm Breach of confidence Conclusion The criminal law and privacy Property offences Offences against the person Assaults Stalking and intimidation Peeping or prying The publication of false or embarrassing information Invasion of personal privacy through photography Summary offences The public/private distinction Information protection Workplace privacy 3. APPROACHES TO PRIVACY IN OTHER COMMON LAW COUNTRIES Extending breach of confidence Douglas and Others v Hello! Ltd Campbell v Mirror Group Newspapers Ltd Current approach to privacy in English law Developing a tort of invasion of privacy New Zealand Hosking v Runting Bill of rights Statutory intervention Privacy legislation in the Canadian provinces Ireland 4. PRIVACY IN THE UNITED STATES Introduction Background Widespread recognition A personal action Relationship to breach of confidence Constitutional protection of privacy Public disclosure of private facts Public disclosure Private facts Offensiveness First amendment considerations Intrusion upon seclusion Intentional intrusion: physical or otherwise Private matter Offensiveness Newsgathering Appropriation of name or likeness Name, likeness and identity Advertising, commercial or other purpose Incidental use of the plaintiff’s name or likeness Privacy or property interest? Public interest considerations False Light Matter concerning the plaintiff Falsity Offensiveness Actual malice Distinguished from defamation Conclusion 5. EUROPEAN APPROACHES TO PRIVACY France Privacy protection in delict Other sources of privacy protection Article 9 Public figures Limitations and exceptions Underpinnings of privacy protection Remedies Quebec The case law of the European Court of Human Rights Some leading cases on the right to respect for private and family life PG and JH v The United Kingdom Peck v The United Kingdom Von Hannover v Germany 6. OPTIONS FOR REFORM Possible statutory models A single general cause of action Advantages Disadvantages General action with examples of privacy violation Advantages Disadvantages General action plus other specific causes of action Advantages Disadvantages Several distinct causes of action Advantages Disadvantages The Commission’s preferred approach Identifying privacy interests Possible approach An objects clause Examples of privacy violation Proposal 1 7. FORMULATING A STATUTORY CAUSE OF ACTION Introduction The essential elements Expectation of privacy Nature of the invasion Factors determining reasonableness Consent Information in the public domain Fault Public interest What is the public interest? Should legislation particularise the public interest? Public interest apart from freedom of expression Freedom of expression Competing public interests Balancing privacy and the public interest Damage Corporations Death A personal claim 8. REMEDIES The Commission’s provisional view Damages Exemplary damages Aggravated damages Jurisdictional limit on damages Account of profits Injunctions Interlocutory injunctions Freedom of expression Undertaking as to damages Mandatory orders of correction or apology Delivery up and destruction Declarations Proposal 2 TABLES Table of cases Table of legislation SELECT BIBLIOGRAPHY

Previous Page | Back to Lawlink Home | Top of Page

Last updated 17 January 2008

Crown Copyright �

Hosted by