Two Spying Tales

New Zealand Law Journal, pp. 213-214, 2013

2 Pages Posted: 1 Apr 2015 Last revised: 1 Apr 2019

See all articles by Samuel Beswick

Samuel Beswick

Peter A. Allard School of Law, University of British Columbia; Harvard Law School

Date Written: July 1, 2013

Abstract

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 [2012] UKSC 62, [2013] 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

Suggested Citation

Beswick, Samuel, Two Spying Tales (July 1, 2013). New Zealand Law Journal, pp. 213-214, 2013, Available at SSRN: https://ssrn.com/abstract=2587259

Samuel Beswick (Contact Author)

Peter A. Allard School of Law, University of British Columbia ( email )

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Canada

HOME PAGE: http://allard.ubc.ca/about-us/our-people/samuel-beswick

Harvard Law School ( email )

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Cambridge, MA 02138
United States

HOME PAGE: http://scholar.harvard.edu/beswick

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