I suppose it might complicate things somewhat in that everyone's expectation of privacy is very subjective. When I saw this and put it into context, it seemed to me that with regard to the right of privacy, everything is covered in the previous section, that says the judge shall consider:
(g) the potential prejudice to the complainant’s personal dignity and right of privacy;
It seems to me that it would be a function of the judge to make that decision here and to take into consideration all of those things. I don't see the necessity for this.