Torts 1 PASS Week 4

Is there a common law right to privacy?

• Yes

• No

• Maybe, it's unclear

The Privacy Act 1988 (Cth) details different kinds of information such as

• Health information

• Communication of certain types of information

• How to start a cause of action between individuals

Some privacy of communication statutes are...

• Telecommunications (Interception) Act

• Invasion of Privacy Act

• Criminal Code Act

• Listening Devices Act

The Human Rights Act 2019 (Qld)

• Doesn't give a right to sue in privacy

• Does set out there is not a human right to privacy

• Does set out there is a human right to privacy

• Does give a right to sue in privacy

Does the ICCPR apply to Australia?

• International law does directly apply to individuals, so yes

• At an international level, yes it applies

• International law does not directly apply to individuals, so no

• Until the government legislates this at a national level there is no obligation for individuals to comply

Australia became a signatory to the International Covenant on Civil and Political Rights in...

• 1990

• 2000

• 1980

• 1970

There are pre-existing common law protections of privacy

• True

• False

What are the pre-existing common law protections?

• Trespass to person and land

• Private nuisance

• Defamatory publications

• Right to privacy

Victoria Park Racing v Taylor (1937) 58 CLR 479 is the correct case name

• True

• False

In the case of Victoria Park Racing v Taylor the court was...

• Interested in defining privacy

• Not interested in the circumstances of the case

• Interested in a right to privacy

• Not interested in a right to privacy