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Law changes raise new privacy challenge for HR

A new tort designed to protect individuals against intentional or reckless invasions of privacy places additional obligations on HR and employers, a lawyer says.

Among changes to the Privacy Act that commenced on 10 June is the introduction of a statutory tort, giving individuals a direct legal avenue to seek redress for "serious invasions of privacy".

The District Court of NSW applied the tort last month in a case brought by a company and its CEO to halt an alleged "campaign of extortion", which involved the publication of private wedding photographs online.

Judge Judith Gibson found the person who shared the photos publicly intended to cause reputational damage to those pictured by giving the impression of "moral delinquency and drunkenness"...

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