Remedies for Breach of Privacy
- 464 pages
- English
- PDF
- Available on iOS & Android
Remedies for Breach of Privacy
About this book
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.
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Table of contents
- Preface
- Acknowledgements
- Contents
- List of Contributors
- 1. Remedies for Breach of Privacy
- 2. Privacy Injunctions and the Rule of Law
- 3. Varieties of Damages for Breach of Privacy
- 4. Damages for Wrongdoing in the Absence of Loss
- 5. Compensating for Loss of Dignity and Autonomy
- 6. Claimant-Focused Damages in the Law of Privacy
- 7. Invasion of Privacy and Recovery for Distress
- 8. Gain-Based Relief for Breach of Privacy
- 9. Apologies and Corrections as Remedies for Serious Invasions of Privacy
- 10. Remedial Consequences of Classification of a Privacy Action: Dog or Wolf, Tort or Equity?
- 11. Privacy Remedies Viewed Through an Equitable Lens
- 12. Remedies for Breach of Privacy: A Study of a Different Hedgehog
- 13. Remedies for Breach of Privacy in Canada
- 14. Damages for Interference with Privacy Under Statute: The New Zealand Privacy Act 1993
- 15. Determinations under the Privacy Act 1988 (Cth) as a Privacy Remedy
- 16. Invasion of Privacy: Cross-Border Implications
- Index