Oceania: Privacy

The Australian Privacy Commissioner has determined that Monash IVF and a telehealth company have interfered with the privacy of website visitors via tracking pixels, without obtaining end-user consent.

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.

Australia's Notifiable Data Breaches scheme has evolved from a compliance checkbox into a critical governance issue, with annual breach notifications reaching record highs.

Customers requesting access to their information is now a routine consequence of operating in a data‑driven economy. Under the Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs), individuals are entitled to request access to personal information held about them by organisations.

The recent Hugging Face/OpenAI incident reveals critical lessons about AI agent security and confidential information exposure. When AI systems gain access to internal repositories containing source code, patent materials, and trade secrets, businesses face unprecedented risks that require deliberate controls and IP-focused governance before deployment.