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ARTICLE · 03 FEBRUARY 2025

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Concerns for business under the Privacy and Other Legislation Amendment Act 2024

Introduction of a new statutory tort for serious invasions of privacy will begin by 10 June 2025.

AustraliaPrivacy

The Australian Government's 'landmark legislation to strengthen privacy protections for all Australians' received the Royal Assent on 10 December 2024. Many amendments to the Privacy Act 1988 (Privacy Act) made by the Privacy and Other Legislation Amendment Act 2024 (Amendment Act) have already commenced. However, the Amendment Act's significant introduction of a new statutory tort for serious invasions of privacy will by 10 June 2025. The Amendment Act has various 'sticks' for businesses with the statutory tort in particular attracting criticism.

Background to the Amendment Act

The Privacy Act is the main Australian legislation imposing obligations on Government agencies, larger businesses and other larger private organisations to protect the personal information they collect from individuals. Infamous activities addressed by these obligations include computer hacking, electronic data breaches, virus propagation, and identity theft. The Privacy Act recognises

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