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The federal government introduced the first tranche of the Privacy and Other Legislation Amendment Bill 2024 on 12 September 2024. The Bill aims to amend the Privacy Act to provide greater protection for the personal information of individuals.
The Australian Chamber of Commerce and Industry (ACCI) supports the review of privacy law. However, it has raised serious concerns about a new statutory tort for serious invasions of privacy.
The tort would allow individuals to seek compensation directly from businesses that have, intentionally or recklessly, invaded their privacy, something not previously permitted by the Privacy Act.
The ACCI highlights several potential challenges for businesses that may arise from this tort.
* It expands the risk of legal exposure to more types of privacy breaches, which could lead to an upsurge in speculative claims. ACCI chief executive Andrew McKellar said this would hurt small businesses the most, as they have fewer resources to protect themselves from speculative claims.
* It could restrict how businesses use employee records. Employers may have legitimate reasons to access their employees’ personal information, including to comply with legal obligations under workplace and other laws.
* The increased risk of litigation could increase operational costs and liability insurance premiums, potentially forcing businesses to pass these on to their customers.
#accountant #business #privacylaw
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