Tech Council warns 'right to sue' privacy reform could lead to court gridlock
Allowing individuals to sue over privacy breaches risks court challenges and appeals that could undermine the statutory tort before it takes effect, the tech industry peak body has warned.
Government proposals to allow individuals to sue over privacy breaches risk court challenges that could render such legal rights ineffective in the long term, according to Australia’s tech industry body.
Harry Godber, head of policy and strategy for the Tech Council of Australia, questioned the utility of a landmark “statutory tort” for serious invasions of privacy during a Senate committee hearing on Tuesday, which discussed proposals to overhaul the Privacy Act.
Godber said that by “creating a right to litigate” — which “will almost certainly be challenged rapidly, because actions will be appealed” before the courts — policymakers may be "creating something that will not stick around in the long run”.
“I think this is a comment that goes to the bill as a whole. We risk creating settings and putting obligations on both entities that are required to comply and regulators that are required to enforce that will be inconsistent with the long term state of the Privacy Act,” Godber said.
