AustraliaPrivacy Act 1988 (Cth), Schedule 2, Statutory Tort for Serious Invasions of Privacy
In force since .
An enforcement supervision rule binding public and private bodies.
- Criminal exposure
- No
- Private right of action
- Yes
- Obligation class
- Prohibition
- Audit expectation
- none
What it requires
- An individual may sue for damages or an injunction for a serious invasion of privacy by intrusion upon seclusion or misuse of information, subject to the exemptions in Part 3 of Schedule 2 (including for journalism).
These lines are LexLint's reading of the law's text.
Who enforces it
Enforcement body
Federal Court of Australia or a court of a State or Territory with jurisdiction under Schedule 2
Settledness
The Information Commissioner has no direct role in administering the tort, so there is no regulator guidance construing it; claims are brought in the courts.
- As of
- Open questions
- Does "misusing information that relates to the plaintiff" in clause 7(1)(a)(ii) of Schedule 2 reach a defendant that collects or analyses personal information but never discloses it to anyone?
- How will a court weigh "the public interest in the plaintiff’s privacy" against a countervailing public interest under clause 7(1)(e) of Schedule 2, given that clause 7(3) lists countervailing interests without limiting them?
What it makes you log
Logging duty
Schedule 2 creates a cause of action in tort for a serious invasion of privacy. It states no duty to create, keep or produce a log or record.
- Kind
- None
- As of
What this law does
Creates a new statutory tort giving an individual a cause of action for a serious invasion of privacy, by intrusion upon seclusion or by misuse of information, where the person invading privacy intended or was reckless as to the invasion and a reasonable person would consider it serious.
The Federal Register of Legislation's amendment-history endnote for the Privacy Act records this Schedule as commencing , the six-month backstop date under the amending Act's own commencement table because no earlier Proclamation was recorded.
When LexLint raises it
When your app profile says your app processes personal data.
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