Australia. Human rights / constitutional. Act (schedule)

Privacy TortStatutory Tort for Serious Invasions of Privacy (Schedule 2, Privacy Act 1988)

In force
Partly verifiedMedium confidence. Damages cap detail from general knowledge. [Link: Privacy and Other Legislation Amendment Act 2024 (No. 128), Sch 2 inserts Sch 2 tort into Privacy Act; no regulator (courts)]

§1Summary

Synopsis

Lets individuals sue for intrusion upon seclusion or misuse of information where there was a reasonable expectation of privacy, the invasion was serious and intentional or reckless, and public interest does not outweigh it.

Key themes
  • private right of action
  • intrusion
  • misuse of information
  • public interest balancing
  • damages
Unique features

Applies regardless of the small business exemption; journalists and some agencies exempt.

SaaS relevance

Creates litigation risk for SaaS whose deliberate or reckless data misuse seriously invades someone's privacy.

§2Obligations

Maximum penalty
Damages (non-economic damages capped, aligned with defamation cap); injunctions

§3Dates

Key dates
  • Adopted
  • In force

§4Text and authority

Text
Authority
Courts (private right of action)

§5Where it applies

Domestic law of
Australia
Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Damages cap detail from general knowledge. [Link: Privacy and Other Legislation Amendment Act 2024 (No. 128), Sch 2 inserts Sch 2 tort into Privacy Act; no regulator (courts)]