Invasion of privacy

“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.”

Where another person 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.

You will also be required to demonstrate several other factors under the statute, including 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.

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.

If you feel your privacy has been invaded MEJ can help simplify the process for you and help you achieve the compensation you deserve.