Mr Michael Mc Dowell, TD, Minister for Justice, Equality and Law Reform, today announced the Government has today approved the publication of the Privacy Bill.

The Minister said "The main purpose of the new Bill will be to introduce a modern statutory framework to protect all citizens from the invasion of their privacy.  The range of defences provided under the Bill explicitly recognises the vital and necessary role of bona fide newsgathering.  The provision of the new defence of fair and reasonable publication on a matter of public importance in the Defamation Bill, is also mirrored in this Privacy Bill.  This is designed to facilitate public discussion where there is both a benefit and an interest in such discussion taking place."

 

Working Group on Privacy

The Minister extended his appreciation of the work carried out by the Group under the chairmanship of Mr. Brian Murray, S.C., and said: "The main elements of the Privacy Bill largely reflect the recommendations contained in the Report of the Working Group on Privacy. The Report represented a very comprehensive and important review of the state of the law on privacy and it facilitated the decision of the Government that legislation be devised on the subject."

The European Court of Human Rights (in the Princess Caroline Von Hanover case) has ruled that all persons are entitled to a personal sphere of privacy and non-intrusion. For public figures, that sphere is necessarily smaller than that for private citizens, and rightly so. However, the very fact that a person may have a public persona does not eliminate their right to enjoy a certain level of privacy. This is particularly so where members of their families are concerned.

In line with the recommendations contained in the Report of the Working Group, the Bill:

• provides a clearly defined and comprehensive cause of action for violations of privacy,  
• takes into account the privacy guarantees stipulated in the European Convention on Human Rights, and the extensive development of those guarantees effected by decisions of the European Court of Human Rights,
• recognises the probability that there is a pre-existing cause of action in respect of privacy interests afforded by the Constitution and makes clear the scope of that cause of action, 
• provides a cause of action limited in its scope to conduct which is deliberate and intentional,
• provides a number of defences in an action for violation of privacy.

 

Main features of the Bill

The main features of the Bill are as follows:

• It creates a specific tort to violate the privacy of an individual. The tort is actionable without proof of special damages
• The action must be brought within a period of one year from discovery of the wrong, or two years with the consent of the court.
• In deciding whether or not a breach of privacy has occurred and in assessing the extent to which a defendant may be liable for damages for any such breach, a court may have regard to factors such as the extent to which an individual has engaged in surveillance of another and the means used; the extent to which the individual has engaged in the harassment of another or has trespassed upon the property of another.
• In an action for violation of privacy the court may do any one or more of the following: grant an injunction, award damages, order the defendant to account to the plaintiff for profits that have accrued or may later accrue to the defendant because of the violation of privacy, order the defendant to deliver to the plaintiff any material, articles, photographs or documents that have come into the defendant's possession because of the violation of privacy, or  grant any other relief to the plaintiff that appears to the court proper in the circumstances.
• There are a number of defences to an allegation of violation of privacy. These essentially involve where the act was done with lawful authority or required by a court; was that of a public servant acting, or reasonably believing themselves to be acting, in the course of their duties; the installation and operation of a closed circuit television system for a purpose authorised by law or for the protection of persons or property or the prevention or detection of a crime; was an act of newsgathering by a newspaper or broadcaster provided that any disclosure of material obtained was done in good faith, was for the purpose of discussing a subject of public importance, was for the public benefit and was fair and reasonable in all of the circumstances.

4 July 2006

Notes for Editors

Programme for Government -The commitment contained in the agreed Programme for Government 2002 is 'that the Government would, in the context of a statutory Press Council and improved privacy laws, move to implement reforms of libel laws designed to bring them into line with those of other states'.

Government Decision - The Government approved the drafting of the Defamation Bill in June 2005.  It also agreed to the establishment of a working group to prepare an appropriate legislative basis for the protection of privacy which would be consistent with freedom of expression.
 
Report of the Working Group on Privacy - key conclusions

• That the absence of any clearly defined and comprehensive cause of action in Ireland, to provide for a definite remedy for violations of privacy interests was undesirable. The absence of such a cause of action was liable to render it more difficult for persons to predict whether their actions may generate legal liability for invasions of the privacy of others.
• That the arguments in favour of the introduction of such a clear statutory cause of action outweighed the arguments against it. The Group were particularly influenced in this conclusion by the privacy guarantees stipulated in the European Convention on Human Rights, and the extensive development of those guarantees affected by decisions of the European Court of Human Rights.
• It adopted the view that the force of these arguments was diminished in Ireland because the probability is that there is a pre-existing cause of action in respect of privacy interests afforded by the Constitution. The real question in Ireland, accordingly, was whether the scope of that cause of action should be clarified and regulated, not whether it should exist.
• It recommended the introduction of a statutory tort of invasion of privacy. Such a statutory cause of action would be limited in its scope to conduct which was deliberate and intentional, and that it be combined with a statutory description of defences available in response to a claim of violation of privacy.

 

Attachments

Privacy Bill 2006 (PDF – 32KB) 

Privacy Bill 2006 – Explanatory Memorandum (PDF – 16KB)

Report of the Working Group on Privacy (PDF – 256KB)