Statutory tort of serious invasion of privacy comes into effect throughout Australia in a week
June 3, 2025 |
In 7 days Australia will have a stautory tort of serious invasion of privacy. It is found in Schedule 2 of the Privacy and Other Legislation Amendment Bill 2024.
The scope of the tort is a matter of conjecture but it is certain to have an impact on corporate governance especially regarding data harvesting, data usage and consent.
In particular it will have some impact on:
- Education: Collection of sensitive data, social media use in school grounds.
- the health profession: Disclosure of sensitive information to third parties.
- Workplace surveillance and invasion of personal lives.
- Financial Services: Collection of personal information for loans.
- Social Media: Posting embarrassing videos without consent.
- Property: Security cameras invading the privacy of neighbours.
Unlike defamation, injunctive relief will be an important component in the application of the tort.