Invasion of privacy
Where a business or organisation has invaded your privacy, you may have a cause of action for compensation.
Where a business or organisation has invaded your privacy, and you would have had a reasonable expectation of privacy in all the circumstances, you may have a cause of action for compensation.
This can occur where the defendant has done the following, without your consent or lawful authority:
- Intruded on your seclusion – for example, by physically intruding into your private space, or surreptitiously capturing your personal information or images; or
- Misused your information – for example, shared your health records or sharing your data without authorisation.
You will also be required to demonstrate:
- The impact of this breach of privacy was serious (reputational, financial, emotional);
- That the conduct that led to the breach was reckless or intentional; and
- that the public interest in protecting your privacy outweighs any countervailing public interest.
Timeframes are limited and you should seek our advice quickly. You may have as little as a year from the day you first became aware of the invasion of privacy, to register your claim.
“Individuals now have a new avenue to seek redress for privacy harms in the courts, under changes to the Privacy Act which introduced a statutory tort for serious invasions of privacy from June 2025.”
Remedies may include damages, an injunction or an order requiring an apology. In general, our firm takes on cases where harm has been done and there are damages available, though we assess each enquiry on all its merits.
Our team focuses on privacy breaches committed by businesses and organisations, including data breaches, unlawful surveillance, and misuse of personal information. We are unable to assist with disputes between private individuals (such as between neighbours or former partners).
If you feel your privacy has been invaded MEJ can help simplify the process for you and help you achieve the compensation you deserve.
Could I make a claim?
Contact usFrequently Asked Questions
Possibly — and Australian law in this area has recently changed significantly in ways that may strengthen your position.
As of 10 June 2025, Australians now have the right to sue for serious invasions of privacy under a new statutory tort. This includes the misuse of personal information, which means that data breaches involving the deliberate or reckless mishandling of your information may now give rise to a direct legal claim, not just a complaint to a regulator.
Whether your circumstances meet the legal threshold depends on a number of factors, including how serious the breach was and its impact on you. At MEJ, we can help you understand whether you have a claim and what your options are.
Under the new statutory tort, a serious invasion of privacy can take two forms: an intrusion upon your seclusion, such as being watched, recorded, or eavesdropped on in a private setting, or the misuse of your personal information, such as it being disclosed without your consent.
To succeed in a claim, the invasion must have been intentional or reckless, you must have had a reasonable expectation of privacy in the circumstances, and the invasion must have been serious. Courts will also weigh the public interest in protecting your privacy against any competing interests.
This is a developing area of law, and what qualifies as sufficiently “serious” will be shaped by the courts over time. If you believe your privacy has been genuinely and significantly violated, we encourage you to seek advice. The law is now on your side in ways it was not before.
Yes. The non-consensual sharing of intimate images is one of the clearest examples of conduct that may now give rise to a legal claim under Australia’s new privacy tort, and in serious cases, it may also attract criminal liability.
Available remedies include damages for emotional distress, injunctions to prevent further disclosure, and orders requiring the destruction of private material. You can also seek financial compensation, and in appropriate cases, a court can order a public apology.
If you are in this situation, please reach out to us as soon as possible. Acting quickly can make a real difference, particularly when it comes to preventing further sharing of the material.
Yes — and more effectively than ever before. Since 10 June 2025, individuals can sue for serious invasions of privacy without needing to prove financial damage, provided the invasion was intentional or reckless, serious, and they had a reasonable expectation of privacy.
Proceedings must generally be commenced within one year of becoming aware of the privacy invasion, with a maximum of three years from the date it occurred, so if you think you may have a claim, it is important not to delay.
This is a new and rapidly developing area of law, and early legal advice is particularly valuable while the courts are still working through how the legislation applies in practice. At MEJ, we will give you a clear and honest assessment of your situation and help you understand what remedies may be available to you.