Summary

2.1 The Issues Paper identified several principles for guiding the recommendations for reform in this Inquiry into serious invasions of privacy.

2.2 There was wide support by stakeholders for these principles. Some stakeholders suggested additional matters that should be incorporated into the principles; some argued that certain principles should be given greater emphasis or priority; others stressed that there should be no hierarchy or preference for certain interests.

2.3 The principle which elicited the strongest support was that the protection of privacy must be balanced with other fundamental freedoms and matters of public interest.

2.4 The Guiding Principles are not the only considerations that will underpin any legislative reforms, but they generally accord with established values and concepts that have been set out in discussions about the legal protection of privacy. The discussion of the value, importance and role of privacy in various contexts and from various perspectives—legal, philosophical, social, political, technical—is extensive. This Discussion Paper does not attempt to survey these discussions or the enormous body of literature on the topic. Rather, this chapter identifies some key considerations that will underpin the recommendations to be made in the Final Report.

2.5 The Guiding Principles draw on leading cases in Australia and other jurisdictions, international conventions, academic commentary on privacy and related fields, the Terms of Reference, and similar principles identified in earlier ALRC reports and submissions to this Inquiry.