Developing Key Privacy Rights

Madeleine Colvin is a former Legal Policy Director of Justice. She is currently a member of Liberty's council.

It is becomnig increasingly clear that the preferred route to a proper law of privacy is likely to be through Parliament and not by way of the haphazard path inevitably taken by the common law. Any who are called upon to advise the legislators in this onerous task could do worse than start their labours with this timely work. B Mahendra New Law Journal October 2002 ... a wide-ranging, accessible and interesting book. Each of the essays provides a clear overview of privacy protection in the jurisdiction in question and, collectively, they cover a variety of different approaches to privacy issues. The book would be a useful starting point for anyone with a general interest in comparative privacy law or for those seeking an introduction to privacy principles in the jurisdictions covered. Nicole Moreham Cambridge Law Journal August 2004

• Introduction, Madeleine Colvin: development of a privacy right; freedom of expression; balancing the rights. Striking the balance - privacy v freedom of expression under the European Convention on Human Rights, Jemima Stratford: introduction; Article 8; Article 10; the tension between Articles 8 and 10; the Strasbourg case law; conclusion. The protection of private life versus freedom of expression in French law, Catherine Dupre: introduction; the status of private life; private life - numerous aspects constructed by case law; judicial remedies; balance between private life and freedom of expression; conclusion. Protection of privacy and freedom of speech in Germany, Rosalind English: introduction; development of a privacy right; privacy versus freedom of expression; conclusion. The impact of the Charter Rights on privacy and freedom of expression in Canada, Marguerite Russell: introduction; recognition of privacy interests; freedom of expression in Canada; privacy versus expressive interests - creating a balance; conclusions. Privacy and freedom of expression in New Zealand, Rosemary Tobin: introduction; the Privacy Act and the media exception; the Broadcasting Act 1989; section 14 New Zealand Bill of Rights Act; R. V. Mahanga; conclusion. Freedom of expression, privacy and the media in Australia, David Lindsay: introduction; freedom of expression in Australia; freedom of expression, privacy and the media; conclusion.