ELDER ABUSE – INVASION OF PRIVACY IN A DIGITAL ERA

Christine Smyth

In June 2014 the ALRC released a 332 page report- Serious Invasions of Privacy in the Digital Era, in which it explored issues and made recommendations as to new tort laws addressing privacy and social media. These issues were ventilated in a recent Western Australian civil case Wilson v Ferguson [2015] WASC 15 in which the successful litigant used breach of confidence as a successful cause of action in her claim for breach of privacy where her ex-partner published explicit photos of her on Facebook, without her permission.

Last year I observed the unusual decision is likely to have a significant impact across a broad range of legal areas including: family law, domestic violence, employment law, but also succession law, where families have been prone to air their grievances via social media. It is clear that Elder Abuse can be added to that list. The below article reports on the shocking degradation of vulnerable elderly people in care.

http://www.smh.com.au/world/degrading-photos-on-social-media-pose-rising-threat-to-nursing-home-patients-20151221-glsxan.html

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