Gain-based relief for invasion of privacy

Harder, Sirko (2011) Gain-based relief for invasion of privacy. Dictum, 1. pp. 63-79. ISSN 1838-6849

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Abstract

In many common law jurisdictions, some or all instances of invasion of privacy constitute a privacy-specific wrong either at common law (including equity) or under statute. A remedy invariably available for such a wrong is compensation for loss. However, the plaintiff may instead seek to claim the profit the defendant has made from the invasion. This article examines when a plaintiff is, and should be, entitled to claim that profit, provided that invasion of privacy is actionable as such. After a brief overview of the relevant law in major common law jurisdictions, it will be investigated how invasion of privacy fits into a general concept of what is called ‘restitution for wrongs’. It will be argued that the right to privacy is a right against the whole world and as such forms a proper basis of awarding gain-based relief for the unauthorised use of that right.

Item Type: Article
Schools and Departments: School of Law, Politics and Sociology > Law
Subjects: K Law > K Law in General. Comparative and uniform Law. Jurisprudence > K0520 Comparative law. International uniform law > K0600 Private law
Depositing User: Sirko Harder
Date Deposited: 25 Sep 2014 09:59
Last Modified: 07 Mar 2017 06:10
URI: http://sro.sussex.ac.uk/id/eprint/50358

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