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B O O K
R E V I E W S
i
Privacy: surveillance and the
interception of communications
Law Reform Commission, Dublin, 1996,
x+334pp, £20
in the literature of jurisprudence on privacy,
one contribution stands to the fore. Character-
ised as the most influential law review article
ever published, "The Right to Privacy". 4
Hanard Law Review
, 193 (1890) argued that
it was time to recognise a right of privacy
with the function of protecting "inviolate
personality". Samuel D Warren, a Boston
lawyer and business man, reacted against the
publicity given to the social life of his family
by the "yellow press" of his time. Warren's
partner was one of the great American
lawyers of his generation, Louis D Brandeis.
From the 1890s onwards, scholars have
produced monographs on a person's right to
one's likeness, letters, to the protection of a
person's sphere of privacy or intimacy
against public disclosure, to a person's
honour, and to the undisturbed conduct of
one's lawful business. For many years, the
concept of privacy remained a theoretical
concept in Ireland, adopted only by writers
under American influences. Today, the
decisions of the judges (particularly in
constitutional cases) together with statutory
provisions have contributed significantly to
the elaboration of privacy as an element of
positive law. In time to come, this Law
Reform publication on privacy will stand as a
significant contribution to the development of
an important branch of the law in Ireland.
The primary purpose of this note is to inform
readers of the fact that a consultation paper
on privacy published by the Commission is
available. In a short note like this, it is not
possible to do justice to the analysis of law
and the recommendations contained in the
344 pages of the publication. However,
among the provisional recommendations in
the consultation paper are:
a) The creation of new torts of (i) invasion of
the privacy of another person by means of
surveillance; and (ii) disclosure or
publication of the purport or substance of
information or material obtained by means
of privacy-invasive surveillance.
b) The granting of power to a court to make a
"privacy order" to restrain persons from
invading privacy or disclosing information
c) The creation of certain offences, including
an offence of infringing the integrity of a
person by observation - for example, by
photography, television broadcast or video
recording - without that person's consent,
expressed or implied, and an offence of
infringing the privacy of a person by
listening to or recording by means of an
aural device the voice of that person
without consent.
Further, the consultation paper reiterates the
recommendation of the Commission in its
Report on non-fatal offences against the
person
that an offence of harassment be
created.
For many reasons, this consultation paper is
sure to become a classic. While it may not be
the primary intention of the publication, it
represents an eminent consideration and
analysis of the current state of the law. This is
a unique publication, deserving of the widest
possible consideration. The ultimate goal of
the law is the common good. If implemented,
these recommendations will contribute to
greater peace of mind - and an enhancement
of the dignity of the individual.
Dr Eamonn G Hall
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Pictured at the launch
of Irish law for the layperson
last month are solicitor Michael O'Brien,
who wrote the book, and Mervyn Taylor, Minister for Equality and Law Reform. According to Mr
O'Brien, the book aims to give the lay reader a general knowledge of the principles of Irish law.
Mr Justice O'Flaherty of the Supreme Court (left) at the launch
of Irish pensions law and practice
with the authors Kevin Finucane, a director of Coyle Hamilton Ltd, and Brian Buggy, an associate
in the Commercial Department of Matheson Ormsby Prentice. Both authors are solicitors and the
800 page text is the result of more than two and a half years of research and preparation.
Irish
pensions law and practice
is published by Oak Tree Press and costs £65 h/b and £49.95 p/b.
Hamilton!
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