Australia: Privacy Protection

The High Court has unanimously ruled that a wife's secret recording of her husband admitting to rape was lawfully obtained and admissible as evidence. This landmark decision significantly expands when covert recordings can be used in domestic violence and sexual assault prosecutions, potentially transforming how such cases are prosecuted across Australia.

The Office of the Australian Information Commissioner (OAIC) has published updated guidance for entities considering using facial recognition technology (FRT) in high-volume, publicly accessible physical spaces, like retail shopfronts.

Generative AI can be a valuable tool in legal practice, but using public AI platforms with confidential or privileged information can create significant risks. We examine two recent overseas decisions and what they may mean for Australian businesses, insurers and lawyers when it comes to preserving legal professional privilege and maintaining confidentiality.

Businesses that qualify as APP entities under the Privacy Act 1988 (Cth), generally those with annual turnover above $3 million or those handling health information or fulfilling Commonwealth contracts, must comply with the Australian Privacy Principles, including maintaining a privacy policy, issuing privacy collection notices and notifying the OAIC of eligible data breaches.

Australian privacy law is not standing still. In 2026, businesses face a wave of new compliance obligations: mandatory disclosure requirements for automated decision-making systems, a Children’s Online Privacy Code that reaches far beyond kids’ apps, and a landmark tribunal decision that redefines what ‘collection’ means for even the most fleeting data processing.

Australia's Office of the Australian Information Commissioner is developing regulatory guidance on new automated decision-making transparency requirements under the Privacy Act.

Overview of what PPIP Act protects & sets out & what action can be taken if you believe your personal information has been mishandled by a NSW public sector agency.

Guide for Australian business owners on the Privacy Commissioner's 2026 compliance sweep and privacy policy obligations under Australian privacy law.

As technology continues to advance and businesses integrate automation further into every customer interaction, there are likely to be some interesting issues emerging in 2026.