Remedies for Breach of Privacy

by Jason NE Varuhas (Editor), N A Moreham (Editor)

Overview

Over the last 15 years, privacy actions have been recognised at common law or in equity across common law jurisdictions, and statutory privacy protections have proliferated. Apex courts are now being called upon to articulate the law governing remedies, including in high-profile litigation concerning phone hacking, covert filming and release of personal information. Yet despite the practical significance of the courts' approach to damages, injunctions and other remedies for breach of privacy, very little has been written on the topic. This book comprehensively analyses these developments from a comparative perspective and provides solutions to issues which are coming to light as higher courts forge this remedial jurisprudence and practitioners look for guidance.

Significantly, the essays are important not only for what they say about remedies, but also for the attention they give to the nature of the new privacy actions, providing deep insights into substantive law. The book includes contributions by academics, practitioners and judges from Australia, Canada, England, New Zealand and the United States, who are expert in the legal disciplines implicated by privacy remedies, including torts, equity, public law and conflict of laws. By bringing together this range of perspectives, the book offers authoritative insights into this cutting-edge topic. It will be essential reading for all those seeking to understand and resolve the new issues associated with privacy remedies.

Product Details

ISBN-13:	9781509943890
Publisher:	Bloomsbury Academic
Publication date:	01/28/2021
Pages:	472
Product dimensions:	6.14(w) x 9.21(h) x 0.95(d)

About the Author

Jason NE Varuhas is Associate Professor of Law at Melbourne Law School, Australia.
N A Moreham is Associate Professor of Law at Victoria University of Wellington, New Zealand. She was formerly a Fellow and Lecturer in Law at Gonville and Caius College, University of Cambridge.

Table of Contents

Preface Lord Reed v

Acknowledgements ix

List of Contributors xiii

1 Remedies for Breach of Privacy Jason NE Varuhas NA Moreham 1

2 Privacy Injunctions and the Rule of Law Michael Tugendhat 29

3 Varieties of Damages for Breach of Privacy Jason NE Varuhas 55

4 Damages for Wrongdoing in the Absence of Loss Robert Stevens 97

5 Compensating for Loss of Dignity and Autonomy NA Moreham 125

6 Claimant-Focused Damages in the Law of Privacy Eric Descheemaeker 143

7 Invasion of Privacy and Recovery for Distress Megan Richardson Marcia Neave Michael Rivette 165

8 Gain-Based Relief for Breach of Privacy Katy Barnett 183

9 Apologies and Corrections as Remedies for Serious Invasions of Privacy Robyn Carroll 205

10 Remedial Consequences of Classification of a Privacy Action: Dog or Wolf, Tort or Equity? Barbara McDonald David Rolph 239

11 Privacy Remedies Viewed Through an Equitable Lens PG Turner 265

12 Remedies for Breach of Privacy: A Study of a Different Hedgehog David Partlett 293

13 Remedies for Breach of Privacy in Canada Jeff Berryman 323

14 Damages for Interference with Privacy Under Statute: The New Zealand Privacy Act 1993 Rodger Haines 349

15 Determinations under the Privacy Act 1988 (Cth) as a Privacy Remedy Normann Witzleb 377

16 Invasion of Privacy: Cross-Border Implications Richard Garnett 409

Index 441