Common Law Development
Australia has not formally recognised a legal right to privacy, however, it is argued that privacy is incidentally protected by other civil actions, such as breach of confidence, or trespass. The absence of a common law right to privacy was established in Victoria Park Racing and Recreation Grounds Co Ltd v Taylor (‘Victoria’). Nevertheless, this long established principle was challenged recently in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (‘Lenah'), with the High Court indicating the possibility to recognise in the future a new legal action for ‘invasion of privacy’.
However, it seems to be greater disagreement within the lower courts. For example, the Queensland County Court, awarded damages for breach of privacy to a victim of stalking and harassment, arguably in the only case that has recognised a privacy right to date. However, this was a first instance decision, thus it did not create a binding precedent. Contrarily, the Federal Court of Australia has highlighted the greater weight of authority against a right of action for invasion of privacy. Equally supported by the comments of Justice Gillard, from the Supreme Court of Victoria, explaining that ‘the law in Australia has not developed to a point where it recognises an action for breach of privacy’.
Legislative Development …show more content…
However, some federal and estate legislation offer certain level of protection, specially in cases of unwanted dissemination of private information. At a national level, the Privacy Act, with its thirteen ‘Privacy Principles’, regulates the management of personal data by Australian government institutions and businesses. Although, it is relevant to point out that a breach of these principles does not give a right to initiate legal
Australia has not formally recognised a legal right to privacy, however, it is argued that privacy is incidentally protected by other civil actions, such as breach of confidence, or trespass. The absence of a common law right to privacy was established in Victoria Park Racing and Recreation Grounds Co Ltd v Taylor (‘Victoria’). Nevertheless, this long established principle was challenged recently in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd (‘Lenah'), with the High Court indicating the possibility to recognise in the future a new legal action for ‘invasion of privacy’.
However, it seems to be greater disagreement within the lower courts. For example, the Queensland County Court, awarded damages for breach of privacy to a victim of stalking and harassment, arguably in the only case that has recognised a privacy right to date. However, this was a first instance decision, thus it did not create a binding precedent. Contrarily, the Federal Court of Australia has highlighted the greater weight of authority against a right of action for invasion of privacy. Equally supported by the comments of Justice Gillard, from the Supreme Court of Victoria, explaining that ‘the law in Australia has not developed to a point where it recognises an action for breach of privacy’.
Legislative Development …show more content…
However, some federal and estate legislation offer certain level of protection, specially in cases of unwanted dissemination of private information. At a national level, the Privacy Act, with its thirteen ‘Privacy Principles’, regulates the management of personal data by Australian government institutions and businesses. Although, it is relevant to point out that a breach of these principles does not give a right to initiate legal