Education and the law : the right to privacy

Authors

Leneen Forde, Cornwall Stodart Lawyers

Abstract

The author looks at two recent legal cases and their outcomes that affect privacy rights in Australia. Issues concerning an individual's right to privacy are becoming increasingly common. While there are a variety of legislative provisions designed to protect privacy, a common law right to privacy has not generally been recognised in Australia. The protection afforded by legislation is limited, often applying to public authorities. In 2003, a Queensland District Court Judge became the first Australian judge to uphold the existence of a private right to privacy in Australia. The only other decision in Australia which recognised the tort of invasion of privacy was handed down in April 2007 in the County Court of Victoria. The Australian Law Reform Commission has now been asked by the Commonwealth Attorney-General to review the nation's privacy laws and make recommendations about ways in which they can be improved. [Author abstract, ed]

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