Australia: Privacy Protection

Facial recognition technology captures biometric information, which is classified as sensitive information under Australian privacy law and attracts a higher level of protection than ordinary personal information, meaning businesses must either obtain consent or establish a lawful exception before collecting it.

This case provides the first example of how the courts are likely to apply the new tort.

Recent case sheds light on the balance courts must strike between a plaintiff's right to evidence and the privacy of third parties in historical abuse cases.