Torts 1 PASS Week 4

Is there a common law right to privacy?

• Yes

• No

• Maybe, it's unclear

Some privacy of communication statutes are...

• Telecommunications (Interception) Act

• Invasion of Privacy Act

• Criminal Code Act

• Listening Devices Act

The Human Rights Act 2019 (Qld)

• Doesn't establish a right to sue in privacy

• Does set out there is not a human right to privacy

• Does set out there is a human right to privacy

• Does establish a right to sue in privacy

Does the ICCPR apply to Australia?

• International law does directly apply to individuals, so yes

• At an international level, yes it applies

• International law does not directly apply to individuals, so no

• Until the government legislates this at a national level there is no obligation for individuals to comply

What are some of the pre-existing common law protections of privacy?

• Trespass to person and land

• Private nuisance

• Defamatory publications

• Right to privacy

In the case of Victoria Park Racing v Taylor the court was...

• Interested in defining privacy

• Interested in a right to privacy

• Not interested in a right to privacy

The court held in Victoria Park Racing v Taylor...

• There is no cause of action for an invasion of privacy for someone looking over your fence

• There is a right to privacy, as no one should be able to look over your fence

• There is a cause of action for an invasion of privacy for someone looking over your fence

ABC v Lenah Game Meats wanted to use which remedy to stop the ABC from showing the footage?

• Aggravated damages

• An injunction

• An account of profits

In ABC v Lenah Game Meats the Court held...

• An injunction should not have been granted

• There is a right to privacy on these facts

• There is no protection for business interests in terms of privacy

• There is no right to privacy on these facts

What were the elements of a general right to privacy/cause of action for privacy in torts, determined by Skoien DCJ in Gross v Purvis?

• A willed act by the defendant

• Which intrudes upon the privacy or seclusion of the plaintiff

• In a manner which would be considered highly offensive to a reasonable person

• And which causes the plaintiff detriment in the form of mental, psychological or emotional harm or distress or which prevents or hinders the plaintiff from doing an act which they are lawfully entitled to do