The assistance of Jessica Azzi, solicitor,
of Addisons in the preparation of this article is noted and greatly
appreciated
On Friday, 23 September 2011 the Department of the Prime
Minister and Cabinet (PMC) released an Issues
Paper, A Commonwealth Statutory Cause of Action for Serious
Invasion of Privacy (Issues Paper), inviting
submissions to assist the Commonwealth Government for its pending
consideration of whether a statutory cause of action, that is, a
right to sue, for breach of privacy should be introduced in
Australia.[1]
The Issues Paper follows a series of relatively recent reports
into privacy law in Australia, and central to the concern around
privacy law is technology and its permeation into the everyday
lives of citizens. For example, a person can be photographed with a
smartphone without their knowledge or consent, and that photograph
can be uploaded online within seconds of it being taken. This is an
example of activity targeted by the proposed
