Australia: Privacy rights – a new reason for action?
Lynn Waller (pseudonym) v Romy Barrett (pseudonym) (2024) VCC 962 in short Recent decisions from the Victoria County Court, Lynn Waller (pseudonym) v Romy Barrett (pseudonym) (2024) VCC 962, indicating that there was an Australian common law cause of action for invasion of privacy. The trial judge held that the right to privacy is a value different from the right to confidentiality of information. She therefore argued that privacy needed to be protected separately from breach claims. This brings Australia closer to the position accepted by the UK, US, Canada and New Zealand. Regardless of whether the decision is ultimately approved by the High Court, it represents an important step in recognizing the need for legal protections against unauthorized disclosure of private information. We will continue to monitor this area closely, particularly in light of the recent passage of the Privacy and Other Legislation Amendment Bill (pending Royal Assent), which will create statutory torts for serious breaches of privacy. claim…