Privacy Law

2 articles
What Australian Businesses Must Know About the New Employer Invasion of Privacy Risk

What Australian Businesses Must Know About the New Employer Invasion of Privacy Risk

Since June 2025, Australians have had a statutory cause of action for serious invasions of privacy. For employers, the exposure runs through monitoring, data handling and surveillance practices that were previously governed only by the Australian Privacy Principles. The employee records exemption does not apply to the tort.

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Privacy Tort Exemptions: Who Can Be Sued and Who Cannot

Privacy Tort Exemptions: Who Can Be Sued and Who Cannot

The statutory tort for serious invasion of privacy commenced on 10 June 2025, but not every defendant is within reach. Journalists, government agencies, and children under 18 are exempt. For everyone else, a defined set of defences applies. Understanding where the exemptions end and the defences begin determines whether a claim proceeds at all.

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