This submission draws on PIAC’s earlier submission to the ALRC in response to its Issues Paper for its inquiry into Serious Invasions of Privacy in the Digital Era. The submission supports many of the ALRC’s proposals, while suggesting some amendments to improve the design of a statutory cause of action for serious invasions of privacy. PIAC addresses all five of the proposed elements of the action, as well as issues of forums, limitations, defences, remedies and costs. If a statutory cause of action for serious invasion of privacy is not enacted, PIAC supports a new statutory tort of harassment and amending existing legislation to provide for compensation for emotional distress in a breach of confidence action for misuse of private information.
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