Invasion of Privacy: Cross-Border Implications

Abstract

The aim of this chapter is to explore the issues that arise when a privacy infringement action crosses international boundaries and cannot simply be subjected to the jurisdiction and law of one country. Relevant principles of private international law need to be consulted, addressing three key question: (i) whether a Commonwealth court has jurisdiction and will exercise jurisdiction in respect of a claim; (ii) what law it will apply to the merits of the case, including both liability and remedies; and (iii) in what circumstances a court will recognise and enforce the judgment of a court in another country.