Privacy law: Australia: Conflict of laws issues associated with an action for interference with privacy
Date of this Version
Recent developments indicate that Australia may be ready to recognise an action for interference with privacy. Similar progress can be seen in some other countries. When such an action is recognised, whether in the form of a new tort or in the form of a statutory action, it will doubtlessly give rise to conflict of laws questions. A person in one state will perceive that her/his right to privacy has been violated by a person or organisation in another state, and questions as to where she/he can sue the other party, and which law will be applicable, will become relevant. Such scenarios are particularly likely to occur in the Internet context. This article examines those, and related, questions. In doing so, focus is placed on Australian law and particular emphasis is placed on the action’s application in relation to Internet conduct.
This document has been peer reviewed.