Date published: 16 September 2025 | Author: Nina Rossi

If your business collects or stores personal information, you could be impacted by a recent major change to the law.

The Federal Government has now introduced a new tort (court-based action) for serious breaches of privacy. This will allow individuals to claim compensation where their private information is misused in ways that cause harm, such as emotional distress or reputational damage.

Previously, there was no general right to sue for such misuse unless other laws applied. 

To succeed under the new law, the person bringing the claim would need to show that there was a reasonable expectation of privacy and that the breach caused real harm.

This change affects businesses of all sizes. If your staff handle customer data or if your business uses digital systems to store personal details, this new legal right could apply to your operations.

Are your policies up to date? Do your systems give you confidence that personal data is secure, properly managed and only used as intended? Taking privacy seriously is no longer just best practice. It is fast becoming a legal expectation, with real consequences if something goes wrong.

Now is a good time to review how your business manages privacy risks. Contact Rossi Law today to get the clarity and advice you need to move forward, or explore our Business Law services to learn how we can support your compliance.

This blog is based on a video recorded by Rossi Law. It was first drafted with AI-assistance and reviewed by Rossi Law before publication. It provides general information only and is not legal advice. Please seek advice for your specific situation