Australian Law Reform Commission Issues Paper on Serious Invasions of Privacy in the Digital Era

The Australian Law Reform Commission has released an Issues Paper on Serious Invasions of Privacy in the Digital Era.

The Commission is looking for public input to help it develop draft recommendations for reform to be released in a Discussion Paper due at the end of February 2014.

The Commission has been asked by the Australian Attorney General to look at ways the law might prevent or redress serious invasions of privacy.

The scope section of the Issues Paper states:

"The ALRC should make recommendations regarding:  

1. Innovative ways in which law may reduce serious invasions of privacy in the digital era.
2. The necessity of balancing the value of privacy with other fundamental values including freedom of expression and open justice.
3. The detailed legal design of a statutory cause of action for serious invasions of privacy, including not limited to:
   a. legal thresholds
   b. the effect of the implied freedom of political communication
   c. jurisdiction
   d. fault elements
   e. proof of damages
   f. defences
   g. exemptions
   h. whether there should be a maximum award of damages
   i. whether there should be a limitation period
   j. whether the cause of action should be restricted to natural and living persons
   k. whether any common law causes of action should be abolished
   l. access to justice
   m. the availability of other court ordered remedies.
4. The nature and appropriateness of any other legal remedies for redress for serious invasions of privacy. "