The Value of Privacy
Abstract:This article focuses upon compensatory damages for non-pecuniary harm in claims for misuse of private information. The article considers the interests that are protected by this action, and the non-pecuniary harm that may arise where there has been a misuse of private information. The article describes the approaches that could be taken by the courts in awarding damages, before analysing the approaches that have been taken so far. Consideration is then given to whether any of the approaches taken so far represents a preferred basis for awarding damages, or whether there is support for the adoption of an alternative approach. The article concludes that there are arguments in favour of adopting an approach analogous to that in defamation claims in order to deter misuses of private information.
Document Type: Research Article
Publication date: July 1, 2010
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