The New Statutory Tort for Serious Invasions of Privacy: What It Means for Australian Businesses
With the Australian Government set to introduce a new statutory tort for serious invasions of privacy in June, businesses must prepare for heightened legal and regulatory scrutiny when it comes to data protection. At Qbit IT Solutions, we understand that cybersecurity and data privacy are not just compliance requirements but fundamental to maintaining trust and operational integrity. As an ISO27001-certified managed services provider, we adhere to the highest international standards for information security management.
What is the New Statutory Tort for Serious Invasions of Privacy?
The proposed legal change aims to give individuals greater rights and legal recourse if their personal information is misused, leaked, or improperly accessed. This tort is designed to address cases where a person’s privacy is seriously invaded either by:
- Intrusion upon seclusion – The unauthorised accessing of an individual’s private affairs (such as hacking into a personal device or unauthorised surveillance).
- Misuse of private information – The unauthorised disclosure of personal or confidential data, which can include data breaches or deliberate leaks.
For businesses, this means stricter accountability and potential legal consequences if they fail to implement robust data protection measures.
Why Businesses Need to Prioritise Data Privacy
With this new legal framework in place, businesses will need to take proactive steps to ensure compliance and avoid costly legal action. Here’s why data privacy should be at the top of every organisation’s priority list:
- Increased Legal Liability – Companies could face lawsuits from affected individuals if their data is mishandled.
- Regulatory Scrutiny – Government agencies will likely step up enforcement, leading to fines and penalties for non-compliance.
- Reputational Damage – A data breach or privacy scandal can severely impact a business’s credibility and customer trust.
- Customer Expectations – Consumers are becoming more aware of their rights regarding data protection and will favour companies with strong privacy policies.
How Qbit IT Solutions Can Help Businesses Stay Compliant
At Qbit IT Solutions, we specialise in helping businesses navigate the complex world of IT security and compliance. As an ISO27001-certified provider, we implement industry-leading security measures to protect sensitive information. Here’s how we can assist your organisation in meeting the new privacy requirements:
1. Implementing Strong Cybersecurity Measures
Preventing unauthorised access to sensitive data is the first line of defence. We provide:
- Advanced endpoint security solutions
- Firewalls and intrusion detection systems
- Multi-factor authentication (MFA) to secure access
2. Data Encryption and Secure Storage
Protecting personal information from misuse requires robust encryption and secure data storage solutions. We assist businesses in:
- Encrypting sensitive data at rest and in transit
- Implementing secure cloud storage solutions
- Managing access controls to limit data exposure
3. Regular Security Audits & Compliance Assessments
To ensure businesses are continuously compliant, we offer:
- Routine security risk assessments
- Data privacy compliance checks
- Penetration testing to identify vulnerabilities
4. Employee Training & Awareness
Human error is a leading cause of data breaches. We provide:
- Regular staff training on data protection best practices
Phishing awareness programs - Secure access and password management training
5. Incident Response & Data Breach Mitigation
In the event of a data breach, businesses need a rapid and effective response plan. Our services include:
- 24/7 monitoring and threat detection
- Incident response planning and execution
- Data breach reporting assistance to meet regulatory obligations
Conclusion: Be Proactive, Not Reactive
The introduction of the statutory tort for serious invasions of privacy is a game-changer for Australian businesses. Rather than waiting for an incident to occur, companies should take proactive steps to safeguard their data, maintain compliance, and protect their reputation.
Qbit IT Solutions is here to help businesses navigate these new legal requirements with comprehensive IT security and compliance solutions. As an ISO27001-certified managed services provider, we offer the highest level of security and compliance expertise to protect your business.
Protect your business. Protect your data. Partner with Qbit IT Solutions.
References:
https://cso.nsw.gov.au/resources/legal-alerts-presentations-papers/statutory-tort-invasions-of-privacy.html
https://www.tglaw.com.au/insights/six-month-countdown-to-new-statutory-tort-of-serious-invasions-of-privacy
https://www.pragma.law/blog/new-statutory-tort-for-serious-invasions-of-privacy-due-in-june
