The Drone Privacy Guidelines have been updated to align with the new changes in Australia’s Privacy Act 1988, introducing a statutory tort for serious invasions of privacy.
This tort enables individuals to take legal action against other individuals if a breach of privacy is deemed serious, which is a first of its kind in Australia. An individual has cause of action if:
- Someone intrudes on your reasonably expected privacy
- Your personal information is misused
- An invasion of privacy was reckless, intentional, or serious
If a drone operator is operating maliciously, a person can now take legal action, even without proof of physical damage. This may include using a drone to record private conversations or activities or purposefully harassing someone within an area where they could reasonably expect privacy.
Be aware of your privacy obligations as an operator, explore the updated guidelines here.