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...
Subjects: Privacy

What’s the Big Deal with Big Data? The OAIC’s Guide to big data and the Australia Privacy Principles

The Office of the Information Commissioner (“OAIC”) has released a consultation draft Guide to big data and the Australian Privacy Principles (the “Guide”). The draft Guide has been released at a time when many Australian businesses are exploring the potential of Big Data analysis for their business, and are grappling for the first time with read more...