Invasion of privacy
Intrusion
General rule : You have the right to photograph anything from a public spot that you can see with the naked eye. Consent is generally required before newsgathering in a private space.
Hidden camera
In a private place anywhere that people have a "reasonable expectation of privacy" where they feel safe from unauthorised surveillance. Places obviously include bathrooms,bedrooms and dressing rooms. As well as less obvious private areas such as locker rooms and office break rooms. Placing hidden cameras in any of these areas is considered an invasion of privacy. Against the law,even in states with less-restrictive privacy regulations.
Definition
Is used to describe a circumstance where an individual or organization knowingly intrudes upon a person. Intrusion occurs when the person has a reasonable expectation of privacy such as in a bathroom or locker room. Invasion of privacy is considered to be a tort (wrongful action). Tort is a wrongful act that causes injury or loss to someone resulting in legal responsibility for the wrongful act.
Privacy laws in Malaysia
Malaysia has no specific laws that deal with privacy. - No specific laws to charge anyone taking a photo or videotaping someone in compromising positions. - Relevant sections under the penal code are related to the distribution and possession of the material. - Bar council president Datuk Ambiga Sreenevasan has stated the council's forum entitled "Privacy".
Deception
Occurs when an employer collects information he claims is for one reason but uses it for another reason which could result in the employee's termination. An example of deception : - If an employer sets up a blood drive and tells employees that donations will be used to aid a local blood bank. - The blood drawn from employees is tested for drugs as part of the process. - The employer could be accused of deception if he uses the drug results as a reason to terminate employees if employees did not consent to being drug tested.
Other example of Invasion
Public Disclosure of Private and Embarrassing Facts. Examples could include publishinh detailed information about a person's : - Sexual conduct - Medical / Mental condition - Addiction recovery - Educational records
Ambush interview
"ambush interview" refers to an unscheduled interview that occurs because someone has forced or tricked another into on-the-spot participation. Press typically uses the term to describe a journalism interview tactic. It can also refer to a tactic used by some employers and job seekers. Ambush interview can have a negative or positive result depends on the ambusher.
Cases on privacy laws in Malaysia
1) Man caught taking a picture of young girl urinating at a public toilet with his handphone camera. Sentence : Fined RM100, the maximum penalty, for insulting behaviour under the Minor Offences Act (S.14) 2) Two men caught making copies of the DVDs showing former Minister in a sexual act.One woman caught possesing the DVD. Sentence : Two were fined RM15,000 and jailed 4 days while the woman was fined RM10,000 and jailed 5 days under the Penal Code (S.292) for making copies,distributes,selling or keeping obscene materials which carries a maximum fine of RM15,000 and / 3 years' jail. 3) Taking photos of a person and circulating without consent.
Intrusion
3 types of intrusion : - Trespass : Newsgathering in private space without valid consent. (you get information and you release without any permission) - Secret Surveillance : Using bugging equipment , hidden cameras , other electronic aids. - Misrepresentation : Invalid or exceeded consent ( often in the context of undercover reporting )
