Compensation for Privacy Breaches Determined by the Australian Information and Privacy Commissioner – Oct 2022 to July 2024

During the period of 2016 to July 2024, the awards for compensation for privacy breaches in Determinations made and published by the Australian Information and Privacy Commissioner (OAIC) have ranged from about $1,000 to $20,000. In this update, Stephens Lawyers & Consultants provides a review of the OAIC Determinations and compensation awards for privacy breaches made during the period October 2022 to July 2024 – and factors taken into account by the OAIC in making those awards.

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Damages for Online Defamation – the “Serious Harm” Element

The additional requirement to establish “serious harm” in a defamation action was part of the reforms to Australian defamation law which came into effect on 1 July 2021. They were enacted to encourage defamation claims not involving “serious harm” to be resolved without court action. This update provides a review of recent Australian defamation cases where the courts have considered whether the “serious harm” requirement has been established and provides useful guidance on factors that the court will consider in determining “serious harm”.

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