The elephant in the room – is there a tort of privacy in Australian law?
Because data is intangible and not protected by a single legal doctrine the law struggles to fashion appropriate remedies when data has been copied or ‘stolen’ in an unauthorised manner. The High Court of Australia faced this issue in a hearing on 12 and 13 November 2019 involving a challenge to the validity of a search warrant – leading to the Court wondering whether the journalist was asking the Court to recognise a tort of invasion of privacy in Australian law. read more…