Eligibility for relief – reasonable expectation of privacy
3(1)A person may make an application under section 5 or bring an action under section 6, or both, if the person had a reasonable expectation of privacy in relation to an intimate image of themselves
(a)
at the time a visual recording was made, and
(b)
if a visual recording has been distributed, at the time it was distributed.
3(2)For the purposes of this Act, a person
(a)
may have a reasonable expectation of privacy in relation to an altered image, and
(b)
does not lose a reasonable expectation of privacy by reason only of the person’s consent to the distribution of an intimate image.