The Attorney-General Mark Dreyfus QC has asked the Australian Law Reform Commission to conduct an inquiry into the protection of privacy in the digital era.
The inquiry will address both prevention and remedies for serious invasions of privacy.
“As I noted in March this year, further work needs to be done on whether to create a right to sue for breach of privacy,” Mr Dreyfus said.
“I am asking the Australian Law Reform Commission to consider this issue in light of changing conceptions of community privacy and rapid growth in information technology capabilities.
“The Government strongly believes in protecting the privacy of individuals, but this must be balanced against the Australian public’s right to freedom of communication and expression.”
New technologies and modes of communication that provide new opportunities to connect, collaborate and create also pose new privacy challenges.
“Our privacy laws need to address future challenges and ensure people can take action against a person or organisation that seriously violates their privacy,” Mr Dreyfus said.
Earlier consultations by the Australian Law Reform Commission in 2008, and responses to the Government’s 2011 discussion paper, showed little consensus on how a legal right to sue for breach of privacy should be created, or whether it should be created at all.
A range of issues were raised, including whether a tort could create a more litigious culture, how it could impact on free speech and how the implied right to political communication could be balanced with an individual’s right to sue.
“I have asked the Australian Law Reform to ensure that the importance of freedom of expression and other rights and interests are appropriately balanced,” Mr Dreyfus said.
The Government will carefully consider the findings of the Australian Law Reform Commission before making a final decision.
