scholarly journals Applying and Developing the Intrusion into Seclusion Tort in New Zealand

2021 ◽  
Author(s):  
◽  
William Fussey
Keyword(s):  
New Zealand ◽  
Personal Information ◽  
Tort Law ◽  
Limited Attention ◽  
Search And Seizure ◽  
Reasonable Expectation ◽  
Protection Mechanism ◽  
The Us ◽  
The Usa ◽  
Reasonable Expectation Of Privacy

<p>As new and intrusive ways of invading a person’s privacy become increasingly common, it is important that tort law has a satisfactory way of protecting a person from intrusion. The case of C v Holland in 2012 created such a protection mechanism, by importing the tort of intrusion into seclusion from the USA. Whereas the first tort of privacy introduced in New Zealand protects the publication of private facts, intrusion into seclusion prevents access to a person even if it does not result in dissemination of any personal information. This thesis explains why protecting the intrusion interest per se is important and uses Kirsty Hughes’ barriers theory, which suggests that privacy should only be protected when a desire for it is communicated or normatively appropriate, to help define the intrusion interest such that it is legally useful. It analyses the elements of an intrusion into seclusion action as suggested by Whata J in C v Holland, and recommends how they could be better constituted. The crux of the thesis though focuses on when a reasonable expectation of privacy is satisfied, a question that received limited attention in C v Holland. This section suggests that determining a reasonable expectation of privacy involves a detailed analysis of three suggested factors, modified from Richard Wilkins’ approach in the US search and seizure context. The thesis considers how the factors could be applied, both separately and holistically, to an intrusion into seclusion claim in New Zealand.</p>

scholarly journals Applying and Developing the Intrusion into Seclusion Tort in New Zealand

2021 ◽  
Author(s):  
◽  
William Fussey
Keyword(s):  
New Zealand ◽  
Personal Information ◽  
Tort Law ◽  
Limited Attention ◽  
Search And Seizure ◽  
Reasonable Expectation ◽  
Protection Mechanism ◽  
The Us ◽  
The Usa ◽  
Reasonable Expectation Of Privacy

<p>As new and intrusive ways of invading a person’s privacy become increasingly common, it is important that tort law has a satisfactory way of protecting a person from intrusion. The case of C v Holland in 2012 created such a protection mechanism, by importing the tort of intrusion into seclusion from the USA. Whereas the first tort of privacy introduced in New Zealand protects the publication of private facts, intrusion into seclusion prevents access to a person even if it does not result in dissemination of any personal information. This thesis explains why protecting the intrusion interest per se is important and uses Kirsty Hughes’ barriers theory, which suggests that privacy should only be protected when a desire for it is communicated or normatively appropriate, to help define the intrusion interest such that it is legally useful. It analyses the elements of an intrusion into seclusion action as suggested by Whata J in C v Holland, and recommends how they could be better constituted. The crux of the thesis though focuses on when a reasonable expectation of privacy is satisfied, a question that received limited attention in C v Holland. This section suggests that determining a reasonable expectation of privacy involves a detailed analysis of three suggested factors, modified from Richard Wilkins’ approach in the US search and seizure context. The thesis considers how the factors could be applied, both separately and holistically, to an intrusion into seclusion claim in New Zealand.</p>

New Zealand lacks comprehensive threatened species legislation ? comparison with legislation in Australia and the USA

2010 ◽  
Vol 16 (1) ◽  
pp. 54 ◽  
Author(s):  
M. N. H. Seabrook-Davison ◽  
W. Ji ◽  
D. H. Brunton
Keyword(s):  
New Zealand ◽  
Threatened Species ◽  
Central Government ◽  
Iucn Red List ◽  
Active Management ◽  
The Us ◽  
The Usa ◽  
Us Endangered Species Act ◽  
Taxonomic Groups ◽  
Short Time

New Zealand lacks dedicated threatened species legislation which is hindering the effective recovery of the country?s threatened species. Few of New Zealand?s recorded threatened species receive active management. New Zealand is recognized as a biodiversity hotspot which has undergone widespread anthropogenic change in a relatively short time. Using its own threat classification system based on the International Union for Conservation of Nature (IUCN) Red List, but modified to suit the island characteristics of its biota, New Zealand has identified 2,788 species and subspecies within 14 taxonomic groups that are threatened with extinction. However, this level of awareness of the threatened state of New Zealand?s biota is not supported by comprehensive threatened species legislation. We reviewed New Zealand?s current legislation for the management and recovery of threatened species and made a comparison with the US Endangered Species Act 1973 (ESA1973) and the Australian Environment Protection and Biodiversity Act 1999 (EPBC1999). We argue that New Zealand needs to develop similar legislation to the ESA1973 and EPBC1999 to enable an integrated and legally accountable approach to the management and recovery of threatened species. A strength of the ESA1973 and EPBC1999 is that species that have been assessed to be threatened with extinction are listed on a central government register with a legal mandate for the production of recovery plans. A weakness of both acts is that species can languish on these lists without effective recovery actions. Although not always implemented, both acts have the provision for the protection and conservation of critical habitat.

scholarly journals Computer Forensics, Search Strategies, and the Particularity Requirement

2007 ◽  
Vol 7 ◽  
Author(s):  
Wayne Jekot
Keyword(s):  
Search Strategy ◽  
Search Strategies ◽  
Computer Forensics ◽  
Search And Seizure ◽  
Reasonable Expectation ◽  
Reasonable Expectation Of Privacy

Assuming that a person subject to a search and seizure of his or her computer has a reasonable expectation of privacy in the contents of the computer, and thus a warrant is required, should the warrant outline a “search strategy”? Or should comprehensive computer searches be permitted? In other words, how should the particularity requirement be applied to computer searches? Correspondingly, what can a forensic examiner do under a warrant while collecting potential evidence from a computer? [...]

A Comparative Study of Privacy Protection Practices in the US, Europe, and Asia

2019 ◽  
pp. 1911-1926
Author(s):  
Noushin Ashrafi ◽  
Jean-Pierre Kuilboer
Keyword(s):  
Comparative Study ◽  
Privacy Protection ◽  
Global Economy ◽  
Personal Information ◽  
Industrialized Countries ◽  
Business World ◽  
Newly Industrialized Countries ◽  
Large Sets ◽  
The Us ◽  
The Usa

This article describes how national and international companies in the US and Europe, as well as newly industrialized countries such as China and India, are striving to gain consumer trust by offering visible and meaningful Privacy Protection Policies (PPP) on their websites. This article deploys large sets of data and descriptive indicators to compare and contrast the extent of the visibility, specificity, and lucidity of privacy policies posted by interactive companies on the Internet. Examining about 2000 Interactive companies in the USA, Europe, and Asia provides a measure of divergent responses to the growing demand for privacy protection. The results of this comparative study should help interested readers from the business world, academics, and administrations get a grasp of the extent of efforts by international corporations to protect personal information privacy in an increasingly global economy.

A Comparative Study of Privacy Protection Practices in the US, Europe, and Asia

2018 ◽  
Vol 12 (3) ◽  
pp. 1-15 ◽  
Author(s):  
Noushin Ashrafi ◽  
Jean-Pierre Kuilboer
Keyword(s):  
Comparative Study ◽  
Privacy Protection ◽  
Global Economy ◽  
Personal Information ◽  
Industrialized Countries ◽  
Business World ◽  
Newly Industrialized Countries ◽  
Large Sets ◽  
The Us ◽  
The Usa

This article describes how national and international companies in the US and Europe, as well as newly industrialized countries such as China and India, are striving to gain consumer trust by offering visible and meaningful Privacy Protection Policies (PPP) on their websites. This article deploys large sets of data and descriptive indicators to compare and contrast the extent of the visibility, specificity, and lucidity of privacy policies posted by interactive companies on the Internet. Examining about 2000 Interactive companies in the USA, Europe, and Asia provides a measure of divergent responses to the growing demand for privacy protection. The results of this comparative study should help interested readers from the business world, academics, and administrations get a grasp of the extent of efforts by international corporations to protect personal information privacy in an increasingly global economy.

scholarly journals Tessling, Brown, and A.M.: Towards a Principled Approach to Section 8

2015 ◽  
Author(s):  
William MacKinnon
Keyword(s):  
Supreme Court ◽  
Historical Development ◽  
Search And Seizure ◽  
Reasonable Expectation ◽  
Section 8 ◽  
Individual Privacy ◽  
The Supreme Court ◽  
Reasonable Expectation Of Privacy

This article analyzes the Supreme Court of Canada's search-and-seizure jurisprudence in anticipation of the Court's forthcoming decisions on the admissibility of evidence obtained by police dog searches in Brown and A.M. After reviewing the historical development of s. 8, the author then goes on to discuss the strengths and weaknesses of the Court's analysis of sense-enhancing aids and the reasonable expectation of privacy' in Tessling. The article ultimately argues that the Court ought to eschew a case-by-case model for establishing the existence of areasonable expectation of privacy, and go beyond the facts of Brown and A.M. in order to adopt a more principled approach to s. 8. The author maintains that a more principled approach is necessary because stale actors need clearer guidance if they are to successfully balance individual privacy with the use of sense enhancing aids.

Accounting for differences in cognitive health between older adults in New Zealand and the USA

2014 ◽  
Vol 27 (4) ◽  
pp. 591-600 ◽  
Author(s):  
Christine Stephens ◽  
John Spicer ◽  
Claire Budge ◽  
Brendan Stevenson ◽  
Fiona Alpass
Keyword(s):  
Risk Factors ◽  
Older Adults ◽  
New Zealand ◽  
Cognitive Function ◽  
Hierarchical Regression ◽  
Cognitive Health ◽  
National Differences ◽  
The Us ◽  
The Usa ◽  
Age And Sex

ABSTRACTBackground:National differences in cognitive health of older adults provide an opportunity to shed light on etiological factors. We compared the cognitive health of older adults in New Zealand and the USA, and examined differences in known risk factors.Methods:Two nationally representative samples were derived from the 2010 waves of the New Zealand Longitudinal Study of Ageing (n = 953) and the US Health and Retirement Study (HRS) (n = 3,746). Data from comparable measures of cognitive function, gender, age, income, education, prevalence of cancer, diabetes, heart disease, hypertension and stroke, exercise, alcohol consumption, smoker status, depression, and self-reported health were subjected to hierarchical regression analysis to examine how national differences in cognitive function might be explained by differences in these risk factors.Results:The New Zealand sample scored 4.4 points higher on average than the US sample on the 43 point cognitive scale. Regression analyses of the combined samples showed that poorer cognitive health is more likely in those who are male, older, less educated, have suffered a stroke, consume alcohol less frequently, are more depressed, and report worse overall health. Controlling for age and sex reduced the mean difference to 2.6 and controlling for risk factors further reduced it to 2.3.Conclusions:Older New Zealand adults displayed better cognitive function than those in a US sample. This advantage can be partially explained by age and sex differences and, to some extent, by differences in known risk factors. However, the national advantage remained even when all measured risk factors are statistically controlled.

Measurement Invariance of a Universal Behavioral Screener Across Samples From the USA and Germany

2018 ◽  
Vol 34 (2) ◽  
pp. 87-100 ◽  
Author(s):  
Gino Casale ◽  
Robert J. Volpe ◽  
Brian Daniels ◽  
Thomas Hennemann ◽  
Amy M. Briesch ◽  
...  
Keyword(s):  
Measurement Invariance ◽  
Student Behavior ◽  
Cross Cultural ◽  
Cross Cultural Comparison ◽  
School Based ◽  
Cultural Research ◽  
Universal Screener ◽  
Confirmatory Factor ◽  
The Us ◽  
The Usa

Abstract. The current study examines the item and scalar equivalence of an abbreviated school-based universal screener that was cross-culturally translated and adapted from English into German. The instrument was designed to assess student behavior problems that impact classroom learning. Participants were 1,346 K-6 grade students from the US (n = 390, Mage = 9.23, 38.5% female) and Germany (n = 956, Mage = 8.04, 40.1% female). Measurement invariance was tested by multigroup confirmatory factor analysis (CFA) across students from the US and Germany. Results support full scalar invariance between students from the US and Germany (df = 266, χ2 = 790.141, Δχ2 = 6.9, p < .001, CFI = 0.976, ΔCFI = 0.000, RMSEA = 0.052, ΔRMSEA = −0.003) indicating that the factor structure, the factor loadings, and the item thresholds are comparable across samples. This finding implies that a full cross-cultural comparison including latent factor means and structural coefficients between the US and the German version of the abbreviated screener is possible. Therefore, the tool can be used in German schools as well as for cross-cultural research purposes between the US and Germany.

Sanctions of the USA and the Policy of Bank of Russia:double Blow to the National Economy

2014 ◽  
pp. 13-29 ◽  
Author(s):  
S. Glazyev
Keyword(s):  
National Security ◽  
Economic Sanctions ◽  
Capital Flight ◽  
Practical Advice ◽  
The Us ◽  
Monetary Authorities ◽  
The Usa ◽  
Simultaneous Adoption ◽  
The Eu

This article examines fundamental questions of monetary policy in the context of challenges to the national security of Russia in connection with the imposition of economic sanctions by the US and the EU. It is proved that the policy of the Russian monetary authorities, particularly the Central Bank, artificially limiting the money supply in the domestic market and pandering to the export of capital, compounds the effects of economic sanctions and plunges the economy into depression. The article presents practical advice on the transition from external to domestic sources of long-term credit with the simultaneous adoption of measures to prevent capital flight.

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