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Privacy Rights Expanding in Australia?

Justice Keane of the High Court of Australia gave a speech at the end of 2020 that discussed privacy.

It was titled; "Too Much Information: civilisation and the problems of privacy" and argued that relying upon judicial development of the law to solve the problem of privacy "has been, at best, a hit and miss affair".

Justice Keane said it "would not be surprising were the High Court now to accept a tort of invasion of privacy" along U.S. lines.

"But such a cause of action would probably be confined to cases of intentional intrusion, physically or otherwise, upon the solitude or seclusion of an individual or his or her private affairs.

"In the case of the publicising of a matter concerning the private life of an individual, the conduct would be actionable if the matter publicised is of a kind that would be highly offensive to a reasonable person and is not of legitimate concern to the public."

He noted that in the recent High Court case involving the Australian Federal Police raid on the home of journalist Annika Smethurst the media "carefully eschewed any attempt to press forward . . . towards a broader protection of privacy".  (I suspect that the media did not want to expand the right of privacy in Australia even though it may have been helpful in this case - because the media since at least 1890 has been the subject of negative criticism regarding the media's lack of respect of privacy rights.)

AFR Article: https://www.afr.com/companies/media-and-marketing/high-court-judge-takes-swipe-at-media-on-privacy-20200927-p55zo0

Text of Keene J's Speech: https://cdn.hcourt.gov.au/assets/publications/speeches/current-justices/keanej/keanej27Aug2020.pdf

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