Could cybersecurity class actions be on their way to Australia?

  • While there have been no cybersecurity class actions before Australian courts, there have been instances of class actions in the US.
  • Class actions law in Australia is unlikely to present any significant hurdle to a cybersecurity class action.
  • The risk of a cybersecurity class action being brought in Australia is more likely to eventuate if actions such as that in Oregon are successful.

The recent class action filed in Oregon against credit information agency Equifax Inc in the United States suggests it may be sooner rather than later before a similar class action is brought in Australia. In the wake of recent high-profile global cyberattacks and data breaches, it seems time to consider whether cybersecurity class actions could be on their way to Australia.

The Oregon class action

The Oregon class action differs from many other US data breach class actions because it relies on negligence, rather than a tort of privacy or statutory obligation.

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