privacy laws in the spotlight

20 October 2011

Partner John Mullins reports that the Commonwealth Government recently released an Issues Paper,  A Commonwealth Statutory Cause of Action for Serious Invasion of Privacy, which discusses the recommendations by the Australian Law Reform Commission (ALRC) in relation to the introduction of a statutory cause of action for serious invasions of privacy. 

The ALRC recommendations follow a 28-month investigation of Australia's privacy laws. 

The Issues Paper discusses the ALRC's recommendations and compares them to the recommendations made by the New South Wales Law Reform Commission and the Victorian Law Reform Commission. 

The Paper addresses: 

• whether there is a need for a statutory civil action for redressing serious invasions of privacy; and
• if so, possible elements of a cause of action, and the defences and remedies that could be made available as part of further protections. 

The Minister for Privacy and Freedom of Information Brendan O'Connor stated that the ALRC proposal 'would allow individuals to seek a remedy from a court where their private life has been seriously invaded in a way that ordinary Australians would consider to be highly offensive'. 

He noted that 'Rapid advances in technology have led to profound changes to the ways in which people store personal information, and how they share that information with family, friends, organisations and government. We need to make sure that our privacy laws and protections are keeping pace with the changes.' 

Submissions are due by 4 November 2011.

For further information, please contact: 

John Mullins | Partner
Mullins Lawyers
t +61 7 3224 0210 
f +61 7 3224 0333 
jmullins@mullinslaw.com.au