Australia’s First Serious Invasion of Privacy Tort Has Landed (And It’s About to Get Messy)
On 10 June 2025, Australia quietly flipped the switch on a major new legal right: individuals can now sue under a serious invasion of privacy tort. It’s a landmark change in a country that, until now, didn’t give people a clear way to fight back when their private lives were mishandled, filmed, leaked, or sold.
For businesses, this is not a drill. From customer emails to CCTV footage, and everything in between, the new serious invasion of privacy tort puts privacy in the courtroom, and most companies aren’t ready.
So, What Just Happened?
Australia has officially created a national, statutory tort (read: civil wrong) for serious invasions of privacy. While privacy breaches have long attracted regulator attention or made headlines, they rarely led to real consequences for the companies responsible unless, perhaps, it involved a giant telco.
Now, that’s changed. A single employee mistake, an overlooked system, or even a “helpful” AI tool can land your business in court, and you don’t need to be a tech giant to get caught out.
How the Serious Invasion of Privacy Tort Can Be Breached
This new tort comes in two flavours:
1. Intrusion upon seclusion
Basically: spying. Think hidden cameras, sneaky phone recordings, or apps that track users without warning. This covers any intentional or reckless act that seriously invades someone’s private space or moments.
2. Misuse of private information
This one is all about what you do with the data you collect. Leaking customer info, exposing sensitive medical records, sharing private details without consent, it’s now a legal landmine.
The catch? You don’t even need to cause financial loss. Emotional distress alone is enough to trigger a claim. And yes, courts can order damages (up to $478,000), takedowns, public apologies, and even the destruction of offending material.
Why the Serious Invasion of Privacy Tort Is a Wake-Up Call for Business
This law doesn’t just target bad actors or data breaches. It hits ordinary mistakes made by ordinary businesses, the marketing email sent to the wrong person, the team member who screenshotted a customer chat, or the outdated consent form that no one updated after a rebrand.
And while the tort applies to individuals, businesses are on the hook when their employees are involved. That means if someone on your team slips up while “just doing their job,” it’s your name on the claim.
Expect Litigation Under the Serious Invasion of Privacy Tort
This tort is new, but the problems it covers aren’t. Expect an initial wave of litigation in areas like:
- Retail and hospitality: Surveillance-heavy environments, loyalty programs, and tracking tech.
- Health and fitness: Personal data, body images, sensitive scans, and AI health assessments.
- Tech platforms: Data scraping, AI-generated content, or app permissions that go too far.
- Education: Webcam monitoring and facial recognition in online exams.
- Property and building management: Smart locks and motion sensors that collect occupant behaviour.
The first lawsuits will likely be straightforward clear invasions with big emotional impact. But as awareness grows, so will the complexity. And the stakes.
The Privacy Culture Shift
Most businesses say they care about privacy. Few know how to show it.
This new tort will push privacy beyond legal compliance and into company culture. Ticking a privacy policy box is no longer enough; what matters is what you actually do when no one’s watching (which, ironically, may now be part of the problem).
It’s time to start asking:
- Do we need to collect this data?
- Do people know we’re collecting it?
- What would happen if this info leaked, financially and reputationally?
Your CCTV Is Watching You Too
The new privacy tort isn’t designed to terrify businesses, but it is meant to make them stop and think. The fact is, data is everywhere and the more casually it’s handled, the greater the risk.
This is about being intentional and building trust, not about becoming a cautionary tale.
So next time you hit “send,” install a camera, or ask someone to hand over their details, pause. Because in 2025, privacy is personal. And now, it’s also legally enforceable.
Jake McKinley notes that this article is written for the purpose of providing generalised information and not to provide specialised legal advice. If you require qualified legal advice on anything mentioned in this article, our experienced team of solicitors at Jake McKinley are here to help. Please get in touch with us on 02 9232 8033 today to make an enquiry.
