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UK Government Indicates Privacy Legislation Unnecessary
In addition to recent private sector privacy legislation, which restricts the collection, use and disclosure of personal information, some provinces have privacy legislation (such as British Columbia's Privacy Act) which creates a cause of action for violating another person's privacy. However, recent comments by a UK government minister demonstrate that not all jurisdictions view such privacy legislation as necessary or desirable.
During a parliamentary question period in early May, Junior Constitutional Affairs Minister Lord Filkin was asked whether the government intended to introduce a statutory privacy law to address, among other things, media coverage of celebrities. Lord Filkin replied that there were no plans for such legislation, and that existing laws (including the Human Rights Act, other statutory provisions, and common law causes of action such as defamation and nuisance) are more appropriate. Lord Filkin stated that it was for the courts "to strike the right balance between freedom of expression and the right to privacy", and that it is best for courts to approach each situation on its individual facts.
Lord Filkin referred to a recent court action in which the model Naomi Campbell successfully sued a media company for publishing a picture of her leaving a Narcotics Anonymous meeting, and stated that this case supported the government view that existing laws were sufficient and most appropriate for dealing with privacy issues.
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