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Tort Law on Privacy Harms Now in Effect in Australia

Australians can now seek legal redress for privacy harms, the Office of the Australian Information Commissioner (OAIC) announced Monday.

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The statutory tort of serious invasion of privacy is one of several changes made last year in the country's Privacy Act to boost people's data protection rights, the office said.

People can now claim against another person or organization for invading their privacy, intruding on their seclusion or misusing information about them, the office said. There are exemptions and defenses, however. In addition, there are time limits for claims, and courts may award damages or other remedies if appropriate. Moreover, the OAIC doesn't have a direct role in enforcing such claims.

The Privacy Act is a pathway for people to seek redress and it "uplifts privacy rights for everyone," said Privacy Commissioner Carly Kind. Last year's reforms were just the first steps toward making privacy laws fit for the digital age, she added.