Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 26 JANUARY 2026

Market Intelligence Thought Leadership Award Winner

Privacy In Australia | Reflecting On 2025 And Tips For Preparing For 2026

Spruson & Ferguson Lawyers
Explore more from Spruson & Ferguson Lawyers

2026 is shaping up to be an even more challenging year for privacy compliance in Australia.

AustraliaPrivacy
Sylvie Tso
Sylvie Tso
Michael Deacon
Michael Deacon
Mark Vincent
Mark Vincent
Nadine Martino
Nadine Martino
Author LinkedIn connections

2025 proved to be another eventful year for privacy law and compliance in Australia with significant privacy developments. It was a year that firmly shifted privacy from a "policy exercise" to a live regulatory and litigation risk.

Several developments confirmed this shift.

Privacy penalties in 2025

  • We saw the introduction of the long-proposed serious invasions of privacy tort, reinforcing that privacy risk is no longer confined to regulatory enforcement alone. It increasingly carries direct litigation exposure, including the prospect of class actions following the misuse of personal information.
  • The year also delivered a landmark moment in enforcement, with the first $5.8 million privacy penalty by the Federal Court of Australia, signalling clearly that the regulator is prepared to use the tools available to them.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Privacy Reform In Australia: What Businesses Need To Know In 2026-2027 (Part 2)

The Australian Government has released the Exposure Draft Privacy Amendment (Personal Data Protection) Bill 2026, proposing the most significant overhaul of privacy law in years. These reforms would fundamentally change how Australian businesses handle personal information, introducing a new "fair and reasonable" test, stronger consent requirements, expanded definitions of personal information, and new rules for AI and emerging technologies.
AustraliaPrivacy
Coleman Greig Lawyers
Coleman Greig Lawyers
Article

Australia’s Privacy Act Reforms: Fundamental Changes Proposed In New Exposure Draft

Australia's Privacy Act reform has reached a critical milestone with the release of exposure draft legislation proposing fundamental changes to how organisations handle personal information. The reforms introduce a new 'fair and reasonable' test for data collection and use, a right of erasure for large digital platforms, strengthened consent standards, a statutory controller/processor framework, restrictions on trading personal data, and enhanced data breach obligations. These changes come at a time when em
AustraliaPrivacy
Corrs Chambers Westgarth
Corrs Chambers Westgarth
Article

Digital Duty Of Care: What Australian Businesses Need To Know

The Australian Government's proposed digital duty of care reforms would extend online safety obligations far beyond social media platforms to encompass any business operating websites, digital platforms, or AI-enabled tools. Rather than simply responding to complaints, businesses would need to proactively identify foreseeable risks and implement safeguards, with substantial penalties for non-compliance reaching up to $109.2 million for companies. The exposure draft introduces a fundamental shift from reacti
AustraliaPrivacy
Holding Redlich
Holding Redlich
Article

Privacy Reform In Australia: What Businesses Need To Know In 2026-2027

Australia's privacy laws are undergoing significant reform, with new automated decision-making transparency requirements commencing in December 2026 and further substantial changes under consideration. Businesses must prepare for enhanced regulatory scrutiny, increased litigation risk through the new statutory tort for serious privacy invasions, and potential expansion of obligations to small businesses and employee records.
AustraliaPrivacy
Coleman Greig Lawyers
Coleman Greig Lawyers
Article

AI Glasses And Privacy: Are Our Laws Keeping Up?

Australia's new statutory tort for serious invasions of privacy, which commenced in June 2025, is being tested against emerging AI-powered smart glasses technology that can record audio and video discreetly. As these devices become more sophisticated and less detectable, questions arise about whether current privacy laws adequately protect individuals from covert surveillance and data collection in both public and private settings.
AustraliaPrivacy
Carroll & O'Dea
Carroll & O'Dea
Article

Updates To Malaysia’s Proposed Patent Linkage Framework

Malaysia is drafting its first patent linkage framework for pharmaceutical products, scheduled for implementation on 1 May 2027 following CPTPP ratification. The National Pharmaceutical Regulatory Agency has released draft guidelines establishing an administrative connection between drug registration and patent status, introducing notification requirements, suspension periods, and four application categories that will fundamentally reshape how innovators and generic manufacturers navigate market entry.
MalaysiaIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers
Article

Australia | Proposed Tranche 2 Privacy Act Reforms: Exposure Draft And Consultation Paper Released

The Australian Government has released an exposure draft of the Privacy Amendment (Personal Data Protection) Bill 2026, proposing the most substantial reforms to the Privacy Act 1988 in recent times. These changes introduce a fair and reasonable test for data handling, enhanced consent requirements, expanded breach notification obligations, and new rights including data erasure for large digital platforms.
AustraliaPrivacy
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers
Article

Protecting The AI Systems Competitors Can Actually Copy

Businesses building AI products on third-party models face a critical intellectual property challenge: determining what parts of their AI systems can actually be protected when competitors have access to the same underlying models. This analysis explores where protectable value sits in AI workflows, from data retrieval and validation processes to system integration and deployment architecture, and why patent strategy must focus on the commercially defensible elements rather than just the AI model itself.
AustraliaIntellectual Property
Spruson & Ferguson Lawyers
Spruson & Ferguson Lawyers