Table of contents
Updates and background for this project (Digest) Terms of reference
Participants
RECOMMENDATION
1. INTRODUCTION
Background
Our processes
This report
2. THIS REPORT AS PART OF A WIDER REFERENCE
3. SUPPORT FOR GREATER PRIVACY PROTECTION
4. THE NEED FOR, AND NATURE OF, A GENERAL CAUSE OF ACTION PROTECTING PRIVACY
The scope of privacy
Gaps in the protection of information privacy and seclusion
Filling the gaps
Extending existing causes of action
Creating causes of action protecting information privacy and seclusion
Creating a general cause of action for invasion of privacy
The proposed statutory cause of action
5. WHEN SHOULD A GENERAL CAUSE OF ACTION PROTECT PRIVACY?
Introduction
A reasonable expectation of privacy
Should the test be qualified?
Balancing matters of public interest
Factors relevant to the determination of actionability
The nature of the subject matter of the complaint
The nature of the invasion
The relationship between the parties
The public profile of the claimant
The vulnerability of the claimant
The conduct of the claimant and the defendant
The effect of the conduct on the health, welfare and emotional well-being of the individual
Where the conduct contravenes the provisions of a statute
Consent
A statutory cause of action, not a statutory tort
6. DEFENCES
Required or authorised by or under law
The meaning of “required” or “authorised”
The meaning of “law”
Defamation defences
Where there is a corresponding interest or duty to give and have the published information
7. REMEDIES
A statutory scheme of remedies
The range of remedies
Compensation orders
Prohibitory orders
Declaratory orders
Orders for delivery up
Other relief
Account of profits
Court-ordered apologies
Correction orders
Relevance of remedies under legislative regimes regulating privacy
8. RELATIONSHIP TO OTHER LAWS
9. LIMITATION OF ACTIONS
10. DEATH
11. UNIFORMITY
APPENDICES
Appendix A: Civil Liability Amendment (Privacy) Bill
Appendix B: Submissions
TABLES
Table of Cases
Table of Legislation
BIBLIOGRAPHY
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