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Street on Torts

Street on Torts (16th edn)

Christian Witting
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date: 27 May 2024

p. 57322. Privacy actions in tortlocked

p. 57322. Privacy actions in tortlocked

  • Christian WittingChristian WittingProfessor of Law, National University of Singapore, Barrister and Solicitor, High Court of Australia and Supreme Court of Victoria

Abstract

This chapter examines the privacy action in tort. It explains that the tort has its origins in the equitable wrong of breach of confidence. It discusses the gist and elements of this tort and highlights the influence of Article 8 of the European Convention on Human Rights on the case law. The law now protects against infringements of private information and against infringements upon the seclusion of the individual. This chapter also discusses potential defences, which include consent to the disclosure and the differential treatment of private information in the public domain.

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