Is Facebook the End of Privacy?: the Threat to New Zealand's Tort of Privacy Posed by Social Networking Sites

Abstract

Technology is constantly presenting new threats to individual privacy. The Internet provides a method of communication unhampered by international borders. Various courts in France, the United States, Australia and New Zealand have set tests for jurisdiction in cases involving the Internet. However the emergence of Internet-based social networking sites in the 21st century has provided new methods of both publicising and accessing personal information that people regard as private. The popular social networking site ‘Facebook’ allows members to upload photographs without a person’s consent. This presents a new level of privacy invasion, which will undoubtedly be litigated before courts. The current New Zealand tort of privacy is relatively new. The Law Commission has suggested it be left to development by the courts rather than codify it. However it is unclear how courts will apply it to claims involving the Internet and social networking sites. Over 700 billion minutes are spent on Facebook per month worldwide, but many members are unaware of how public their private information is. Foreign countries such as Germany and the United States are currently considering legislation to protect the digital privacy interest of Internet users. Enforcement issues against foreign Internet website companies will exist. However negative publicity has led to compliance with foreign court orders in overseas Internet-related cases. Privacy is an inalienable and fundamental human right, which requires additional protection from the ever-present invasiveness of the Internet. Legislative attention must be given to address the Internet and ensure that social networking sites are less careless with the privacy rights of individual members.