Privacy and Other Legislation Amendment Act 2024 (Australia)
Schedule 2: Statutory tort for serious invasions of privacy – Privacy and Other Legislation Amendment Act 2024 (Australia)

Privacy and Other Legislation Amendment Act 2024 (Australia) Sch2.7(1)(a)(ii): Schedule 2 clause 7: serious invasion of privacy by misusing information

What does Sch2.7(1)(a)(ii) require?

The same cause of action lies where the defendant misused information relating to the plaintiff (including collecting, using or disclosing information about them) and the other elements are met: reasonable expectation of privacy, intention or recklessness, seriousness, and the public interest in privacy outweighing any countervailing interest. For misuse the court may consider the nature of the information (including intimate or family, health or medical and financial matters), how the plaintiff held or communicated it, and how far it was already public; whether the information was true is immaterial.

Maintained by Gerard BlokdykVerified against the published standard Control text last updated

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