The right to privacy and corporations

Doyle, Carolyn and Bagaric, Mirko 2003, The right to privacy and corporations, Australian business law review, vol. 31, no. 4, pp. 237-250.

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Title The right to privacy and corporations
Author(s) Doyle, Carolyn
Bagaric, Mirko
Journal name Australian business law review
Volume number 31
Issue number 4
Start page 237
End page 250
Publisher Lawbook Co
Place of publication Sydney, N.S.W.
Publication date 2003-08
ISSN 0310-1053
Summary Traditionally the right of privacy has not been recognised at common law. However, recently the High Court has indicated that it may be willing to develop a new tort of invasion of privacy. Several of the justices have stated that the new action would only relate to natural persons, not corporations. This is because the principles said to underpin the right to privacy, autonomy and dignity, are supposedly inapposite to corporations. This article argues that this reasoning is flawed. Neither the right to autonomy nor dignity is capable of underpinning the right to privacy. Hence, no sustainable basis has so far been advanced for restricting the availability of any future tort of invasion of privacy to individuals. This article also questions whether a separate tort is needed in view of the protection already provided to the privacy interests of individuals and corporations under the equitable doctrine of confidence.
Language eng
Field of Research 180109 Corporations and Associations Law
HERDC Research category C1 Refereed article in a scholarly journal
Copyright notice ©2003, Law Book Company
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Document type: Journal Article
Collections: Faculty of Business and Law
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