Statutory Tort for Serious Invasions of Privacy
Australia's statutory cause of action for serious invasions of privacy, commenced on 10 June 2025 and subject to defined elements, exemptions, and time limits.
Full definition
Schedule 2 of the Privacy Act 1988, added by the Privacy and Other Legislation Amendment Act 2024, commenced on 10 June 2025 and creates a statutory tort for serious invasions of privacy. The claim can involve intrusion upon seclusion or misuse of information, but the plaintiff must satisfy the statutory elements, including a reasonable expectation of privacy, intentional or reckless conduct, seriousness, and the public-interest balance. Exemptions, defences, remedies, and time limits apply; the OAIC does not administer the tort directly.
Source: OAIC: Statutory tort for serious invasions of privacy
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