Australia · Privacy and data governance

Statutory tort for serious invasions of privacy commences

Individuals gained a statutory cause of action for intentional or reckless serious invasions of privacy, subject to the elements, public-interest balancing, defences and limitations in Schedule 2.

· General information

What this means

Understand the practical effect.

Individuals gained a statutory cause of action for intentional or reckless serious invasions of privacy, subject to the elements, public-interest balancing, defences and limitations in Schedule 2.

What to do

Turn the update into action.

Add intrusion and misuse risk to privacy assessments, surveillance and content decisions, and do not assume APP exemptions automatically answer exposure under the separate tort.

Official source

Check the controlling material.

Practical support

Apply this update to your business.

Confirm the products, customer journeys, claims, suppliers or processes affected, then identify the evidence, ownership and timing needed for a defensible response.

Need help applying this?

Watchdog can assess the update against your circumstances and recommend the most useful next step.

Important information

Check the current position.

This update is general information, not legal advice. Laws, official guidance and proceedings can change. Check the current source and your specific facts before acting.

Move from update to action

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