Summary

2.1 The ALRC has identified nine principles to guide the recommendations for reform in this Inquiry. The principles are not designed to limit the scope of the Inquiry, but rather to assist the ALRC, governments and other stakeholders, by providing a policy framework in which to consider options for reform of the law.

2.2 The principles are not the only matters considered by the ALRC, but they generally accord with widely recognised values and concepts that have been set out in discussions about the legal protection of privacy.

2.3 Stakeholders expressed general support for these principles.^[1] Some stakeholders suggested additional matters that should be incorporated; 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.

2.4 Discussion among government representatives, law practitioners, commentators, researchers and others into the value, importance and role of privacy in various contexts and from various perspectives—legal, philosophical, social, political, technical—is extensive. This chapter identifies key considerations from the literature that underpin the recommendations in this Final Report.

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