New Privacy Amendments: What HR Departments Need to Know

Key Considerations for Employers

The new tort creates a direct path to court for employees who've experienced serious privacy invasions—whether through unauthorised intrusion into their personal affairs or misuse of their information. This legislative change marks a major shift in the landscape: what once might have been an internal grievance could now become a costly legal battle.

Unlike the employee records exemption under the Australian Privacy Principles, this tort seems to cast a wider net. It potentially captures everyday HR scenarios that, if mishandled, could expose organisations to claims for emotional distress damages and even punitive penalties. Activities that could potentially constitute serious invasions include:

• Accessing highly sensitive medical information without proper consent
• Recklessly disclosing confidential employee data
• Inappropriate monitoring or surveillance of staff
• Mishandling personal information during investigations or disciplinary processes

Practical Steps for HR Teams

To stay ahead of these changes, we recommend HR departments consider:

• Reviewing data collection practices—are you collecting only what's necessary with clear consent?
• Conducting Privacy Impact Assessments when introducing new HR technologies or data analytics tools
• Ensuring all staff handling employee data understand their obligations
• Maintaining clear records of consent, data handling procedures, and breach notification protocols

Looking Forward

Though the new amendment's scope remains untested, the potential for vicarious liability underscores the importance of proactive compliance. Rather than viewing this as merely another compliance burden, forward-thinking HR departments can use this as an opportunity to build trust with their workforce through transparent, respectful data practices.

At First Principles Solutions, we're monitoring how these changes play out in practice. If you'd like support reviewing your HR privacy practices or developing robust governance frameworks, please get in touch.

Note: This article provides general information only and should not be relied upon as legal advice. We recommend seeking specific legal guidance for your circumstances.