Claimants in Australia face a number of challenges to
successfully bringing a privacy class action, including the absence
of a clear cause of action and difficulties in quantifying loss.
Despite the challenges, on 9 December 2019, the Supreme Court of
NSW in Evans v Health Administration Corporation approved
a $275,000 settlement as fair and reasonable in Australia's
first data breach class action. The settlement saw each group
member receive around $2,400 and the lead plaintiff, Tracy Evans,
around $10,000 for her stress and burden as the representative
plaintiff.
Hurdles to future class actions
The current Australian regime does not provide individuals with
a specific statutory right comparable to that in the UK and the US
to make a claim for breach of privacy. Currently, individuals have
the right to:
