102 Remedies in respect of interference with privacy

(1)

This section applies if proceedings are commenced in the Tribunal in respect of an action that is alleged to be an interference with the privacy of an individual.

(2)

If, in the proceedings, the Tribunal is satisfied on the balance of probabilities that any action of the defendant is an interference with the privacy of 1 or more individuals, the Tribunal may grant 1 or more of the following remedies:

(a)

a declaration that the action of the defendant is an interference with the privacy of 1 or more individuals:

(b)

an order restraining the defendant from continuing or repeating the interference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or conduct of any similar kind specified in the order:

(c)

damages in accordance with section 103:

(d)

an order that the defendant perform any acts specified in the order with a view to remedying the interference, or redressing any loss or damage suffered by the aggrieved individual or aggrieved individuals as a result of the interference, or both:

(e)

any other relief that the Tribunal considers appropriate.

(3)

It is not a defence to proceedings that the interference was unintentional or without negligence on the part of the defendant, but the Tribunal must take the conduct of the defendant into account in deciding what, if any, remedy to grant.

Compare: 1993 No 28 s 85(1), (4)