Privacy and Other Legislation Amendment Act 2024 (128 of 2024)

Schedule 1   Privacy reforms

Part 8   Penalties for interference with privacy

Privacy Act 1988

51   After subsection 13G(1A)

Insert:

Factors that may be taken into account in determining if interference with privacy is serious

(1B) In determining whether an interference with privacy is serious, a court may have regard to any of the following matters:

(a) the particular kind or kinds of information involved in the interference with privacy;

(b) the sensitivity of the personal information of the individual;

(c) the consequences, or potential consequences, of the interference with privacy for the individual;

(d) the number of individuals affected by the interference with privacy;

(e) whether the individual affected by the interference with privacy is a child or person experiencing vulnerability;

(f) whether the act was done, or the practice engaged in, repeatedly or continuously;

(g) whether the contravening entity failed to take steps to implement practices, procedures and systems to comply with their obligations in relation to privacy in a way that contributed to the interference with privacy;

(h) any other relevant matter.