Australia Creates New Right to Sue for Serious Privacy Breaches

Last Updated: Aug 15, 2025

Australia Creates New Right to Sue for Serious Privacy Breaches image

A new federal privacy law came into force in Australia, introducing a statutory tort that allows individuals to sue for serious invasions of privacy. This landmark reform creates a new legal pathway for individuals to seek compensation for wrongful harm, such as the intrusion upon their seclusion or the misuse of their personal information, without needing to prove tangible damages. 

To succeed, a plaintiff must demonstrate that the invasion was intentional or reckless, serious in nature, and that the public interest in privacy outweighs any interest in disclosure. The legislation also establishes new, legally binding privacy standards for services likely to be accessed by children and mandates greater transparency from organizations that use automated decision-making systems to handle personal information. 

Source: Digital Rights Watch