Camera trapping and invasions of privacy : an Australian legal perspective

Butler, Desmond A. & Meek, Paul (2013) Camera trapping and invasions of privacy : an Australian legal perspective. Torts Law Journal, 20(3), pp. 235-264.

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Abstract

Camera trapping is a scientific survey technique that involves the placement of heat-and motion-sensing automatic triggered cameras into the ecosystem to record images of animals for the purpose of studying wildlife. As technology continues to advance in sophistication, the use of camera trapping is becoming more widespread and is a crucial tool in the study of, and attempts to preserve, various species of animals, particularly those that are internationally endangered. However, whatever their value as an ecological device, camera traps also create a new risk of incidentally and accidentally capturing images of humans who venture into the area under surveillance. This article examines the current legal position in Australia in relation to such unintended invasions of privacy. It considers the current patchwork of statute and common laws that may provide a remedy in such circumstances. It also discusses the position that may prevail should the recommendations of either the Australian Law Reform Commission and/or New South Wales Law Reform Commission be adopted and a statutory cause of action protecting personal privacy be enacted.

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ID Code: 62288
Item Type: Journal Article
Refereed: Yes
Keywords: privacy law, invasion of privacy, camera trapping, Australian Law Reform Commission
ISSN: 1038 -5967
Subjects: Australian and New Zealand Standard Research Classification > LAW AND LEGAL STUDIES (180000) > LAW (180100)
Divisions: Current > QUT Faculties and Divisions > Faculty of Law
Current > Schools > School of Law
Copyright Owner: Copyright 2013 LexisNexis Butterworths
Deposited On: 04 Sep 2013 22:03
Last Modified: 06 Sep 2013 05:08

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