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Opinion: Statutory Cause of Action? Maybe.

PRIVACY LAW—AUSTRALIA

December 16, 2011

Melbourne University Prof. Megan Richardson outlines aspects of the debate over a statutory cause of action for serious infringements of privacy. She writes for The Australian that regardless of the protections offered under breach of confidence actions and others, "statutory law reform--if done well--may still be desirable...especially if we want the law to shape social behaviour and not just in a few actual cases that get to court." Richardson says the pain and expense of proving a statutory cause of action, as hinted at by the privacy commissioner in his proposal for an alternative resolution process, is also problematic, but says, "it would be a pity if any new statutory cause of action sought to limit the options of parties" that want to take their case to court. (Registration may be required to access this story.)
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