What Rights Of Actions Are For The Unlawful Surveillance...

What rights of actions are available to your case? As you could see in the above reflection of our state and national privacy laws, currently, in Victoria we do not have a direct cause of action for breach of privacy. However, will discuss other possible causes of action potentially available for the unlawful surveillance of your home privacy. Breach of Confidence (500) This is an equitable cause of action that protects against the improper disclosure of private information. In Australia, the law is not settle yet to whether this action also covers for an intrusion upon private life without an actual disclosure of information. However, the recent High Court observations in the Lenah’s case may support a claim similar to yours. In†¦show more content†¦Further support can be found in the persuasive English case of Douglas v Hello! (No3), where images obtained without consent of a weeding were deemed as confidential information. Moreover, it can be claim that the risk of unlawful surveillance denies you and your family the right to enjoy the privacy of your own home under the current Victorian Charter of Human Rights. Therefore, it is probable that this element will be established in court in your favour (ii) Is there a confidential relationship? Traditionally, this tort involves a breach of a confidential relationship, like in marriages or contracts of employment. In Australia, there is no clear consensus to whether this action extends to bare intrusions of privacy similar to your case, which may be a possible obstacle for your claim. However, the High Court has indicated that an ‘obligation of confidence’ would be placed upon a person who obtains or posses confidential information despite the lack of relationship of trust between the parties. For example, in the highly persuasive case of Kwok v Thang, a victim successfully sued for being filmed by a stranger in a hotel without consent. Equally significant are the comments of Chief Justice Gleeson noting that â€Å"a film of a man in his underpants in his bedroom†¦would warrant the application of the law of breach of confidence†. Consequently, the confidential circumstances that may allow your neighbours to obtain illegal photographs of your private affairs may