Privacy Law in Australia
By: Carolyn Doyle, Mirko Bagaric
This book begins by examining the nature and scope of the right to privacy and its moral basis and status: What is privacy? What interests does it affect and protect? Is there a justification for the right? Privacy Law in Australia discusses the relevant legal regime in all Australian jurisdictions. It covers the extent to which privacy has been protected under common law and equity and then weaves these principles into the statutory discussion of privacy. It focuses specifically on the most important areas of privacy protection--medical records, communications, criminal investigations and DNA, employment, territory, and do on. Finally, it examines how the law may develop in the future.
AI Overview
The book "Privacy Law in Australia" by Carolyn Doyle and Mirko Bagaric provides a detailed examination of the legal framework surrounding privacy in Australia. Here is a comprehensive overview of the book, including key themes, plot summary, and critical reception:
Key Themes
Nature and Scope of Privacy:
- The book begins by exploring the fundamental questions about privacy: What is privacy? What interests does it affect and protect? Is there a justification for the right to privacy? This foundational discussion sets the stage for the subsequent analysis of privacy law in Australia.
Common Law and Statutory Protection:
- The authors delve into the common law and equity principles that have traditionally protected privacy in Australia. They then weave these principles into the statutory discussion of privacy, highlighting the legislative arrangements across various jurisdictions.
Specific Areas of Privacy Protection:
- The book focuses on critical areas of privacy protection, including medical records, communications, criminal investigations, DNA, employment, and other relevant domains. This comprehensive approach ensures that readers understand the breadth and depth of privacy law in Australia.
Future Developments:
- The authors also examine how the law may evolve in the future, providing insights into potential changes and advancements in privacy protection.
Plot Summary
The book is structured to provide a clear and systematic analysis of privacy law in Australia. It begins with a theoretical exploration of the concept of privacy, followed by a detailed examination of the legal regime in all Australian jurisdictions. The authors then discuss the extent to which privacy has been protected under common law and equity, before moving on to statutory discussions. The book concludes by focusing on specific areas of privacy protection and speculating on future developments in the field.
Critical Reception
Inadequate Coverage: The book has been criticized for its incomplete and inaccurate overview of legislative arrangements. For instance, it fails to mention significant developments such as Victoria’s 2006 Charter of Human Rights and Responsibilities Act, Tasmania’s 2004 Personal Information and Protection Act, and the ACT’s Human Rights Act.
Exclusion of FOI Laws: The authors are also criticized for explicitly excluding any discussion of freedom of information (FOI) laws, despite the fact that privacy is a recognized basis for limiting the scope of documents available under FOI laws.
Inadequate Protection: Other critics argue that the book reflects the broader inadequacy of privacy protection in Australia. Professor Greenleaf, for example, has bemoaned the failure of courts to adequately protect individuals' privacy, suggesting that data protection laws offer only an illusion of protection due to poor enforcement.
In summary, "Privacy Law in Australia" by Carolyn Doyle and Mirko Bagaric offers a detailed analysis of the legal framework surrounding privacy in Australia. However, it has been criticized for its incomplete coverage of legislative developments and its failure to address certain critical aspects of privacy protection.