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Remedies for Breach of Privacy

Edited by: Jason N.E. Varuhas, N.A. Moreham

ISBN13: 9781509943890
Published: February 2021
Publisher: Hart Publishing
Country of Publication: UK
Format: Paperback (Hardback in 2018)
Price: £41.99



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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.

Subjects:
Privacy and Confidentiality
Contents:
Preface by Lord Reed
1. Remedies for Breach of Privacy
Jason N.E. Varuhas and N.A. Moreham
2. Privacy Injunctions and the Rule of Law
Michael Tugendhat
3. Varieties of Damages for Breach of Privacy
Jason N.E. Varuhas
4. Damages for Wrongdoing in the Absence of Loss
Robert Stevens
5. Compensating for Loss of Dignity and Autonomy
N.A. Moreham
6. Claimant-Focused Damages in the Law of Privacy
Eric Descheemaeker
7. Invasion of Privacy and Recovery for Distress
Megan Richardson, Marcia Neave and Michael Rivette
8. Gain-Based Relief for Breach of Privacy
Katy Barnett
9. Apologies and Corrections as Remedies for Serious Invasions of Privacy
Robyn Carroll
10. Remedial Consequences of Classification of a Privacy Action: Dog or Wolf, Tort or Equity?
Barbara McDonald and David Rolph
11. Privacy Remedies Viewed Th rough an Equitable Lens
P.G. Turner
12. Remedies for Breach of Privacy: A Study of a Different Hedgehog
David Partlett
13. Remedies for Breach of Privacy in Canada
Jeff Berryman
14. Damages for Interference with Privacy Under Statute: Th e New Zealand Privacy Act 1993
Rodger Haines
15. Determinations under the Privacy Act 1988 (Cth) as a Privacy Remedy
Normann Witzleb
16. Invasion of Privacy: Cross-Border Implications
Richard Garnett