Gain-Based Relief for Invasion of Privacy
In many common law jurisdictions, some or all instances of invasion of privacy constitute a privacy-specific wrong either at common law (including equity) or under statute. A remedy invariably available for such a wrong is compensation for loss. However, the plaintiff may instead seek to claim the p...
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| Format: | Article |
| Language: | English |
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Victoria University
2011-06-01
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| Series: | Victoria University Law and Justice Journal |
| Subjects: | |
| Online Access: | https://vulj.vu.edu.au/index.php/vulj/article/view/7 |
| _version_ | 1819115403305025536 |
|---|---|
| author | Sirko Harder |
| author_facet | Sirko Harder |
| author_sort | Sirko Harder |
| collection | DOAJ |
| description | In many common law jurisdictions, some or all instances of invasion of privacy constitute a privacy-specific wrong either at common law (including equity) or under statute. A remedy invariably available for such a wrong is compensation for loss. However, the plaintiff may instead seek to claim the profit the defendant has made from the invasion. This article examines when a plaintiff is, and should be, entitled to claim that profit, provided that invasion of privacy is actionable as such. After a brief overview of the relevant law in major common law jurisdictions, the article investigates how invasion of privacy fits into a general concept of what is called ‘restitution for wrongs’. It will be argued that the right to privacy is a right against the whole world and as such forms a proper basis of awarding gain-based relief for the unauthorised use of that right. |
| first_indexed | 2024-12-22T05:00:38Z |
| format | Article |
| id | doaj.art-0873c03316eb4ad695fcf9ca11dd5de2 |
| institution | Directory Open Access Journal |
| issn | 2202-7912 2203-2908 |
| language | English |
| last_indexed | 2024-12-22T05:00:38Z |
| publishDate | 2011-06-01 |
| publisher | Victoria University |
| record_format | Article |
| series | Victoria University Law and Justice Journal |
| spelling | doaj.art-0873c03316eb4ad695fcf9ca11dd5de22022-12-21T18:38:15ZengVictoria UniversityVictoria University Law and Justice Journal2202-79122203-29082011-06-0111637910.15209/vulj.v1i1.74Gain-Based Relief for Invasion of PrivacySirko HarderIn many common law jurisdictions, some or all instances of invasion of privacy constitute a privacy-specific wrong either at common law (including equity) or under statute. A remedy invariably available for such a wrong is compensation for loss. However, the plaintiff may instead seek to claim the profit the defendant has made from the invasion. This article examines when a plaintiff is, and should be, entitled to claim that profit, provided that invasion of privacy is actionable as such. After a brief overview of the relevant law in major common law jurisdictions, the article investigates how invasion of privacy fits into a general concept of what is called ‘restitution for wrongs’. It will be argued that the right to privacy is a right against the whole world and as such forms a proper basis of awarding gain-based relief for the unauthorised use of that right.https://vulj.vu.edu.au/index.php/vulj/article/view/7privacyremediesrestitution |
| spellingShingle | Sirko Harder Gain-Based Relief for Invasion of Privacy Victoria University Law and Justice Journal privacy remedies restitution |
| title | Gain-Based Relief for Invasion of Privacy |
| title_full | Gain-Based Relief for Invasion of Privacy |
| title_fullStr | Gain-Based Relief for Invasion of Privacy |
| title_full_unstemmed | Gain-Based Relief for Invasion of Privacy |
| title_short | Gain-Based Relief for Invasion of Privacy |
| title_sort | gain based relief for invasion of privacy |
| topic | privacy remedies restitution |
| url | https://vulj.vu.edu.au/index.php/vulj/article/view/7 |
| work_keys_str_mv | AT sirkoharder gainbasedreliefforinvasionofprivacy |