Protecting your Privacy
Privacy can mean different things to different people. Just to give a few examples, it can involve the protection of your bodily integrity, your peaceful and quiet enjoyment of property or even the preservation of important or secretive information.
Although the ‘right to privacy’ is generally disputed by superior courts in Australia, you can nonetheless protect your privacy through different forms of legal protection such as:
1) Trespass – your possession and quiet enjoyment of land is protected from those who come onto your land for unlawful purposes. For example, if someone comes onto your property uninvited for a non-business purpose or not for lawful communications, then it’s likely they are not there for a a lawful purpose.
You may even be able to get an injunction to stop someone who has stolen (for example) video footage from your property (via trespass) and plans to show it to everyone. Or damages might be awarded instead.
2) Nuisance: where distracting or harmful activities of your neighbours can be stopped so that you can enjoy peace and quiet over your land.
3) Action on the case for Intentional Infliction of Harm: where someone does something with intent to cause you harm
4) Breach of Confidence: where secretive information is protected in certain circumstances such as where there is an obligation of confidence. KFC’s trade secret for their fried chicken is one example.
Actual privacy in a general conceptual sense is usually not protected – but it depends on the circumstances of your case.
Should you have any more enquiries in relation to the above or otherwise, get advice first from our lawyers at The Quinn Group. Call us today on 02 9223 9166 or submit an online enquiry.