Invasion Of Privacy

Invasion Of Privacy

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The scope of applicability of privacy laws is called expectation of privacy.

Privacy laws can be broadly classified into:

General privacy laws have an overall bearing on the personal information of individuals and affect the policies that govern many different areas of information.

These laws are designed to regulate specific types of information. Some examples include:

In Australia, the federal Privacy Act 1988 sets out principles in relation to the collection, use, disclosure, security and access to personal information. The Act applies to the Australian Government and Australian Capital Territory agencies and private sector organisations (except some small businesses). The Office of the Privacy Commissioner is the complaints handler for alleged breaches of the Act. Some Australian States have enacted privacy laws.

The Australian Law Reform Commission completed an inquiry into the state of Australia's privacy laws in 2008. The Report entitled For Your Information: Australian Privacy Law and Practice recommended significant changes be made to the Privacy Act, as well as the introduction of a statutory cause of action for breach of privacy . The Australian Government committed in October 2009 to implementing a large number of the recommendations that the Australian Law Reform Commission had made in its report .

In Canada, the federal 'Personal Information Protection and Electronic Documents Act (PIPEDA) governs the collection, use and disclosure of personal information in connection with commercial activities and personal information about employees of federal works, undertakings and businesses. It generally does not apply to non-commercial organizations or provincial governments. Personal information collected, used and disclosed by the federal government and many crown corporations is governed by the Privacy Act. Many provinces have enacted similar provincial legislation such as the Ontario Freedom of Information and Protection of Privacy Act which applies to public bodies in that province.

There remains some debate whether there exists a common law tort for breach of privacy. There have been a number of cases identifying a common law right to privacy but the requirements have not been articulated.

In Eastmond v. Canadian Pacific Railway & Privacy Commissioner of Canada Canada's Supreme Court found that CP could collect Eastmond's personal information without his knowledge or consent because it benefited from the exemption in paragraph 7(1)(b) of PIPEDA, which provides that personal information can be collected without consent if "it is reasonable to expect that the collection with the knowledge or consent of the individual would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement".

In New Zealand, the Privacy Act 1993 sets out principles in relation to the collection, use, disclosure, security and access to personal information.


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