Two Spying Tales
New Zealand Law Journal, pp. 213-214, 2013
2 Pages Posted: 1 Apr 2015 Last revised: 1 Apr 2019
Date Written: July 1, 2013
Reasonable expectation of privacy has become the touchstone for determining invasion of privacy and search and seizure claims in common law countries. In the covert surveillance case of Kinloch v HM Advocate  UKSC 62,  2 AC 93, Lord Hope invoked reasoning premised on the diminished privacy individuals can expect in public places. But by focusing solely on the actions of the individual, this enquiry fails to query the measures taken by the state itself. It can be contrasted to the case of Paton v Poole Borough Council IPT/09/01/C, 29 July 2010, where the Investigatory Powers Tribunal readily found that the Council’s own conduct in spying on the Paton family clearly interfered with their right to respect for their private and family life in a manner that was unnecessary, unlawful, and unreasonable.
Keywords: RIPSA, RIPA, ECHR, article 8, NZBORA, s21, search, surveillance, video, visual, warrant
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