A Conversation about Participant Surveillance under the Charter: WK v R

Abstract

The recent Victoria Court of Appeal decision in WK v R overturned the County Court finding that participant surveillance breaches privacy according to the Charter of Human Rights and Responsibilities 2006. The Court found the recording between the complainant and the accused is not prohibited by the Surveillance Devices Act 1999 (SDA). This paper analyses the Court’s decision, arguing the Court should have found a breach of privacy but was correct in finding that the SDA did not prohibit the recording. Such observations are relevant in New Zealand, where the law on participant surveillance is still unresolved.