Proposals for a new law to protect people's privacy will be brought before the Cabinet for approval next week by the Minister for Justice, Michael McDowell, in tandem with legislation to change the law on libel.
The package of measures was due to be discussed by the Government yesterday but was deferred until next week because of the heavy Cabinet agenda.
The plan to introduce a privacy law is a response to a decision by the European Court of Human Rights almost two years ago that found Princess Caroline of Monaco had her personal rights infringed.
The court decided this had come about as a result of the publication of photographs which showed her engaged in purely private events. Some of the photographs included her children.
The landmark decision gave individuals in all EU countries the same level of privacy rights. The court stressed the fundamental importance of protecting private life and found that everyone, including people known to the public, had a "legitimate expectation" that their private life would be protected.
In response to the court decision, the Minister commissioned a report on the implications for Ireland. That report, chaired by senior counsel Brian Murray, is believed to have taken into account provisions in the Constitution regarding the personal rights of the citizen as well as the European Court decision.
Article 40 contains a guarantee that the State will respect and, as far as practicable, "by its laws defend and vindicate the personal rights of the citizen". It goes on to say the State shall defend from unjust attack "the life, person, good name and property rights of every citizen".
In recent decades, important Supreme Court decisions have vindicated the individual's right to privacy from illegal phone tapping by agents of the State and the individual's right to privacy within the family in terms of family planning.
However, what is being proposed in terms of the individual's right to privacy from media intrusion will have a direct effect on the way the media operates.
In its decision, the European Court recognised there was a need to balance the protection afforded to the private life of a public figure such as Princess Caroline against the right to freedom of expression, which is also guaranteed under the Convention on Human Rights.
The court made the point that the case did not involve the dissemination of "ideas" but of images containing very personal or even intimate information about an individual.
The report presented to the Minister contains specific proposals on "the appropriate legislative basis for the protection of privacy which would be consistent with freedom of expression". Those proposals will form the basis of legislation.
Mr McDowell is moving on privacy in tandem with changes in the libel law. The Defamation Bill will be the first comprehensive reform of the law since 1861.
