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AU: Is invasion of privacy actionable? The rise of breach of confidence

Posted on March 4, 2015June 30, 2025 by Dissent

Caroline Bush and Amanda Graham of Clayton Utz write:

Although there is some legislative protection for Australians’ personal information, it doesn’t extend to every instance of what might be considered as an invasion of privacy. Courts in the United Kingdom have found that the cause of action of breach of confidence may provide a remedy for people who are seeking to protect their privacy in the absence of a statutory cause of action – and Australian courts are beginning to follow them, as the recent Western Australian decision of Wilson v Ferguson [2015] WASC 15 highlights.

Read more on Clayton Utz.

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