Protection Against Intimate Covert Filming Supported
The Queensland Council for Civil Liberties today welcomes the decision of the Queensland Government to introduce legislation outlawing the covert filming of people in private places engaged in intimate acts.
Mr Cope, President of the QCCL, says, “It is pleasing to see the Queensland Government finally recognising that privacy is a serious issue in this State.”
In his Press Release of 6 November, 2005 the Premier Mr Beattie says that legislation will be introduced to prevent a person covertly video recording the private activities of another adult.
The QCCL supports the introduction of legislation along the lines proposed by the New Zealand Law Commission in its report on Intimate Covert Filming released in 2004 which recommended two things:-
1. The banning of filming of intimate activities of people in circumstances in which they have a legitimate expectation of privacy without that persons consent. The activities to include when a person is nude, engaged in sexual activity or intimate activities such as using a toilet;
2. The banning of filming under a person’s clothing without their consent for the purposes of viewing their private parts when it is unreasonable to do so.
Mr Cope says, “Legislation along these lines, as apparently is proposed by the government, appropriately protects a citizen’s legitimate expectation of privacy whilst not criminalising what is otherwise ordinary conduct of people in public.”
The Council makes three criticisms.
Firstly the New Zealand Law Commission proposes to ban not only the making and publishing of the recording but its possession. The Council says that the punishment of possession goes too far.
The QCCL also says the government should also provide a right to bring a compensation claim.
“People whose privacy had been breached have already suffered a loss of control over their lives. A civil case would give the victim control over how their rights are enforced.” says Mr Cope.
Mr Cope says, “Whilst the Council applauds this move by the government it repeats its call for the government to introduce comprehensive privacy legislation rather than approaching the issue in this piecemeal fashion.”
ENDS