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Do I have the right to privacy?

  • The right to privacy is a fundamental human right found in Article 12 of the Universal Declaration of Human Rights (UDHR). For more information see our Privacy topic.
  • At Commonwealth and state or territory levels there are numerous pieces of legislation that address an individual’s right to have their privacy protected.
  • Privacy may also be protected under common law although there is doubt about whether you can bring an action for invasion of privacy. Privacy rights are more commonly litigated on the grounds of trespass or defamation.
  • Privacy is often balanced against competing rights and duties. It is not an absolute right.
  • A lawyer can advise you about whether your right to privacy has been breached and if there are any remedies available to you. 

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