What Does the New Tort Cover?
In June 2025, Australia introduced a statutory tort for serious invasions of privacy, marking a decisive move toward stronger individual rights. For the first time at the Commonwealth level, individuals can bring a direct civil claim where their privacy has been seriously compromised. This reshapes the country's largely regulatory approach into one that now includes private enforcement.
The new cause of action is designed to address two core forms of harm: intrusion into seclusion, and misuse of private information. In practical terms, this spans conduct such as:
- unauthorised surveillance, whether physical or digital
- covert recording
- the disclosure or exploitation of personal information without consent
The law is not intended to capture minor or technical breaches. It targets genuine, substantial violations: the kind that meaningfully interfere with a person's privacy.
What Must a Claimant Prove?
To succeed, a claimant must show that the invasion was serious and carried out intentionally or recklessly. Courts will also consider whether the individual had a reasonable expectation of privacy in the circumstances, and whether the claim is outweighed by a competing public interest, such as freedom of expression or legitimate reporting.
This balancing exercise is central. It ensures that while privacy is strengthened, it does not unduly restrict journalism, public accountability, or lawful business activity.
What Does This Mean for Organisations?
For businesses, media entities, and employers, the implications are immediate and practical. The introduction of a private right of action increases litigation exposure, even in scenarios that previously attracted only regulatory scrutiny.
Organisations will need to reassess how they:
- collect, store, and use personal data
- monitor individuals, including employees and customers
- manage disclosures, both internally and externally
What was once a compliance issue is now also a litigation risk, with potential reputational consequences.
A Shift From Compliance to Accountability
This reform signals a broader transition in Australia's privacy landscape: from regulator-led enforcement to individual empowerment. The ability to initiate proceedings changes the risk profile for organisations and elevates the importance of proactive governance.
Policies that sit unused on paper will not suffice. What matters now is how privacy principles are implemented in practice, embedded into decision-making, and understood across teams.
How GPS Lawyers & Consultants Supports This Transition
We work with individuals, media organisations, and businesses to interpret how the new tort applies in real-world contexts, assess exposure under existing frameworks, and implement processes that meet evolving legal expectations.