Laws of Privacy on the Internet in Australia?

[needhelpasap]

Hello,

I have a problem with an Australian website that has copied a blog post from an European website. In the original blog post, my personal details, like name, DOB and pictures have been used, without my permission, which is a serious offense of my privacy rights. Now this Australian website has copied that post.

When the original author was notified, he deleted and changed all details, but they are still able to be found due to the copy/paste of the Australian website.

I contacted the Admin, and asked to remove my personal details, but he refused in a cocky way as if it's not his problem. For me this might become problematic if employers find it...

My lawyers told me that I will not be able to sue him from Europe and I need an expert from Australia. So my question is, am I able to sue him to take it down? In Europe, the case would be clear, but I do not know the Australian laws for privacy on the internet.

And how much should I plan to pay for lawyer fees in that case?


Thank you in advance and Happy New Year.

 

[Rod]

Are you in Australia?

 

[needhelpasap]

No I am not. As I have written, I'm European. But my citizenship should not matter in case of a lawsuit.

 

[Tim W]

You can instruct an Australian lawyer even if you are overseas.
It may be helpful to understand that the Right To Be Forgotten,
as it operates in Europe, does not operate in Australia.

 

[needhelpasap]

Ok, thank you this is what I wanted to know.

Even if there is no Right To Be Forgotten, don't you have laws preventing someone to post Name, DOB, living addresses on the internet without his approval? Or a law protecting my name in a sense of don't talk s**t about me?

Otherwise I could simply ruin everyone's reputation without consequences, no?

Is there any chance after the Australian law to force him to take down my details with a lawsuit? If there is no chance after the law, I don't need to look for a lawyer taking my case.


Thank you again.

 

[Rod]

don't you have laws preventing someone to post Name,DOB,Living addresses on the internet without his approval?

No. Privacy as an inherent human right does not (yet?) exist in Australia. Long overdue.

Or a law protecting my name in a sense of don't talk s**t about me?

Yes, called defamation. This is your most likely cause of action if your reputation has suffered and the information is not true. If you are successful in a defamation case one of the orders you can seek is to remove all offending material from the internet hosted by the person you sued.

 

[needhelpasap]

Perfect. How much does it roughly cost to fill out all papers for court?

I hope, that once we filled a lawsuit he removes the data just to be sure not to lose.

But how much money do I need to plan, 5k Ausi Dollar?

 

[Rod]

Terms and conditions of this forum don't allow me to give recommendations.

I'm also not a lawyer so can't help with $ amounts. One or two of the other regulars may respond to your post. I know TimW posts on a regular basis.