"To Know or Not to Know?": The Privacy Law Implications of The 1996 Paedophile and Sex Offender Index

Abstract

This article reflects on the privacy and public interest issues raised by the publication of an index of paedophiles and sex offenders. The legislation and caselaw of other jurisdictions is investigated to assess the relevance of that experience to any reform of the law in New Zealand. The article uses Deborah Coddington The 1996 Paedophile and Sex Offender Index (Alister Taylor Publishers Pty Ltd, Auckland, 1996) as a starting point to explore the balancing of the public's right to know about an individual with that individual's right to privacy. The author first outlines the information in Coddington's book and the responses it has received. The article then discusses whether the information could be regarded as private at all; special emphasis is placed on the issues arising from a claim under the tort of privacy. The author then examines the persuasiveness of the public interests involved in publication and whether they could be considered strong enough to outweigh privacy concerns. Finally, the article describes some notification schemes overseas and how they attempt to protect the community while minimising infringements on privacy. This article suggests that a balancing exercise between the interests of sex offenders and the interests of the community results in a need to take greater care before general dissemination of information of this nature.