“Privacy in Australian law”的意思、由来-开放百科全书

There is no statutory definition of privacy in Australia.^[2] The Australian Law Reform Commission (ALRC) was given a reference to review Australian privacy law in 2006. During that review it considered the definition of privacy in 2007 in its Discussion paper 72.^[3] The ALRC found there is no "precise definition of universal application" of privacy; instead it conducted the inquiry considering the contextual use of the term "privacy".^[3]{{Rp|para 1.37-1.45}}

In reaching that conclusion, the ALRC began by considering the concept of privacy:^[3]{{Rp|para 1.29}}

Privacy at common law

It is unclear if a tort of invasion of privacy exists under Australian law.^[5] The ALRC summarised the position in 2007:^[3]{{Rp|para 5.12, 5.14}}

However, in 2008, the Court of Appeal of the Supreme Court of Victoria held "damages should be available for breach of confidence occasioning distress, either as equitable compensation, or under Lord Cairns' Act."^[8] This is a reference to the equitable doctrine of breach of confidence, which is different to a tort of invasion of privacy, although it has some applications to situations where one's privacy has been invaded.^[9]^[10]

In 2013, Attorney-General of Australia Mark Dreyfus QC MP again referred the issue of privacy to the ALRC. Its terms of reference included a detailed legal design of a statutory cause of action for serious invasions of privacy, and to consider the appropriateness of any other legal remedies to redress for serious invasions of privacy. The final report, Serious Invasions of Privacy in the Digital Era (ALRC Report 123), was tabled in September 2014. There has never been a formal response from the Australian government.

Postal confidentiality

Since at least the 19th century, it has been the practice to enclose mail in an envelope to prevent infringement of confidentiality. The unauthorised interception of mail of another is a criminal offence.^[11]

Telecommunications privacy

On 26 March 2015 both Houses of Parliament passed the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015, which received royal assent on 13 April 2015.^[13]

The Act implements recommendations of the Parliamentary Joint Committee on Intelligence and Security (PJCIS) Report of the Inquiry into Potential Reforms of Australia’s National Security Legislation by amending the Telecommunications (Interception and Access) Act 1979 to:

Despite being considered by some an absolute and whole violation of the right to privacy under the Privacy Act 1988 the topic, whilst debated, was never brought to light by mainstream media. The consideration was postured due to the nature of the 'metadata' being retained under the Act and the concept that whilst not directly capturing the content of communications undertaken the bill gives considerable leeway in the kind of metadata being collected.

Australian privacy laws

Commonwealth

New South Wales

Victoria

Queensland

South Australia

Western Australia

Tasmania

Northern Territory

Australian Capital Territory

See also

References

1. ^{{cite web |title=Invasion of privacy : Penalties and remedies : Review of the law of privacy : Stage 3 |url=http://www.lawcom.govt.nz/project/review-privacy/publication/issues-paper/2009/invasion-privacypenalties-and-remedies}} (2009) (Issues paper 14), New Zealand Law Commission, {{ISBN|978-1-877316-67-8}}, accessed 27 August 2011.
2. ^¹"privacy" in Trischa Mann (ed.), Australian Law Dictionary, {{ISBN|9780199691449}} via Oxford Reference Online, Oxford University Press, accessed 29 August 2011.
3. ^¹²³{{cite web |url=http://www.austlii.edu.au/au/other/lawreform/ALRCDP/2007/72.html |title=Review of Australian Privacy Law}} [2007] Australian Law Reform Commission Discussion paper 72. {{ISBN|978-0-9758213-9-8}}
4. ^{{cite AustLII|FCA|637|2004|litigants=Seven Network (Operations) Limited v Media Entertainment and Arts Alliance |courtname=auto}}.
5. ^{{cite NZLII|litigants=Hosking v Runting |year=2004 |court=NZCA |num=34 |courtname=auto}}.
6. ^{{Cite AustLII|litigants=Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd|link=Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd|HCA|63|2001|parallelcite=208 CLR] 199|date=15 November 2001|High Court|juris=Australia}}
7. ^{{cite AustLII|HCA|45|1937|litigants=Victoria Park Racing & Recreation Grounds Co Ltd v Taylor |parallelcite=(1937) 58 {{abbr|CLR|Commonwealth Law Reports}} 479 |date=26 August 1937|courtname=auto}}.
8. ^{{cite AustLII|VSCA|236|2008|litigants=Giller v Procopets |courtname=auto}}.
9. ^{{cite AustLII|QDC|151|2003|litigants=Grosse v Purvis |courtname=auto}}.
10. ^Jane Doe v Australian Broadcasting Corporation [2007] VCC 281 (3 April 2007) County Court of Victoria.
11. ^{{cite Legislation AU|Cth|num_act|tapspacaa1989941|Telecommunications and Postal Services (Transitional Provisions and Consequential Amendments) Act 1989|5}}.
12. ^Attorney-General’s Department, Equipping Australia against emerging and evolving threats, Discussion Paper, July 2012, p. 12.
13. ^Telecommunications (Interception and Access) Amendment (Data Retention) Bill 2015
14. ^http://www.austlii.edu.au/au/legis/nsw/repealed_act/foia1989222/

What is privacy?