Case Note - Wilson v Ferguson [2015] WASC 15 - Remedy of Equitable Compensation for Breach of Confidence where the Damage Suffered is Embarrassment, Anxiety and Distress

摘要

The ability to share information has grown exponentially with the advent of the internet, but alongside the benefits that such information sharing might bring, come breaches of private information. In one recent example, unknown hackers posted naked pictures of a woman after accessing her email and Facebook accounts. 1 In another, a man posted on his Facebook page private pictures of a sexual nature of his ex-girlfriend. In the former, the woman did not obtain a financial remedy but in an effort to deal with the feelings of powerlessness, had a friend take artistic topless photos of herself and posted these online along with an essay about consent. In the latter the woman took a more traditional course and sued her ex-boyfriend for, among other things, a breach of confidence.