Australia. Human rights / constitutional. Act (schedule)
Privacy TortStatutory Tort for Serious Invasions of Privacy (Schedule 2, Privacy Act 1988)
In force
Partly verified
Medium 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
- 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
- Authoritative text legislation.gov.au
- 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 verified
Medium 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)]