Privacy at the Intersection of Public Law and Private Law

J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580

ANU College of Law Research Paper No. 20.4

20 Pages Posted: 4 Mar 2020 Last revised: 30 Mar 2020

See all articles by Jelena Gligorijevic

Jelena Gligorijevic

ANU College of Law; Trinity College, Cambridge

Date Written: October 1, 2018

Abstract

To demonstrate that any common law system can adequately and legitimately protect informational privacy through a private law action influenced by public law, this paper argues that: tort law can accommodate privacy protection, and the English action is appropriately labelled a ‘tort’; the English tort does not depend upon the Human Rights Act 1998 (HRA), allowing other common law jurisdictions to choose to adopt aspects of that tort; and the public law tool of proportionality can determine privacy tort outcomes in a way that ensures credible legal protection of the fundamental right to privacy in the private sphere, without unjustifiably encroaching upon other rights.

Keywords: Public law; Tort law; Misuse of private information; Privacy; Proportionality

Suggested Citation

Gligorijevic, Jelena, Privacy at the Intersection of Public Law and Private Law (October 1, 2018). J Gligorijević "Privacy at the Intersection of Public Law and Private Law" [2019] Public Law 563-580, ANU College of Law Research Paper No. 20.4, Available at SSRN: https://ssrn.com/abstract=3531359

Jelena Gligorijevic (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Trinity College, Cambridge ( email )

United Kingdom

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