BCA criticises 'broad terms' of privacy reform's proposed statutory tort

The Business Council of Australia (BCA) has called out the "broad terms" in the statutory tort that will be introduced in the proposed reforms to the country's privacy laws.

The statutory tort is expected to create a cause of action for "misusing information," according to the Privacy and Other Legislation Amendment Bill 2024.

But Bran Black, chief executive of the BCA, criticised this as a very broad concept.

"We understand the need to prevent serious invasions of privacy, but I do have concerns with the broad terms of the new statutory tort for invasion of privacy," Black said in a statement.

The definition is not limited to "personal information" like the rest of the Privacy Act or even "private information" about a person, according to Black. There are also "no exemptions for employee records or small businesses, and no requirement for a plaintiff to prove they have suffered damage before commencing court action."

According to the BCA, it believes that the statutory tort should be dealt with separately to enable urgent and overdue reforms on doxing to proceed.

Proposed statutory tort

The highly anticipated statutory tort is in line with the recommendation pushed by the Australian Law Reform Commission (ALRC) in a 2014 report.

But Black pointed out that "a lot has changed" since the ALRC drafted the recommendation for the statutory tort.

"So, we need to ensure any changes are appropriate and strike the right balance between safeguarding individuals' right to privacy while supporting business growth," the BCA chief said.

The Privacy and Other Legislation Amendment Bill 2024 is now before the Australian Senate. It seeks to amend the Privacy Act 1988 and seven other laws to introduce measures to protect the privacy of individuals with respect to their personal information.