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Loss or damage in data breaches: key principles on compensation

A decision by the Administrative Appeals Tribunal (AAT) in Australia has clarified the criteria for compensation in privacy breach cases, requiring each member of a class action to prove individual loss due to a breach to be eligible for compensation. However, major reforms to Australia’s privacy law may change this stipulation and offer more remedies for breaches of privacy. The decision comes amid a growing number of data breach incidents in Australia.

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