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ARTICLE · 22 AUGUST 2016

Are you liable for aggravated damages in privacy actions?

Sparke Helmore Lawyers
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This recent case marked the first award of aggravated damages by the Federal Privacy Commissioner in a determination.

AustraliaPrivacy
Ashley Cahif (Formerly With Sparke Helmore Lawyers)
Ashley Cahif (Formerly With Sparke Helmore Lawyers)
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Claimants commonly include aggravated damages as part of their privacy claim; however, until recently, they had never been awarded. As a result, there has been little practical guidance on what circumstances would justify their award.

That changed in the case of HW and Freelancer International Limited, which marked the first award of aggravated damages by the Federal Privacy Commissioner in a determination.

Background

Freelancer is a large online freelancing marketplace where employers post work they need to be done and freelancers offer quotes to complete the project.

HW registered with Freelancer and provided personal information as part of the user registration process.

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