The Australian Attorney-General has requested the Australian Law Reform Commission to inquire into protection of privacy in the digital era.

One of the matters for review, specified by the Terms of Reference, is “the detailed legal design of a statutory cause of action for serious invasions of privacy”.

An earlier review by the ALRC in 2008, and responses to the Government’s 2011 discussion paper, showed little consensus on how a legal right to sue for breach of privacy should be created, or whether it should be created at all.