Letter · Privacy, Data Protection & Cyber
Letter of demand for a serious invasion of privacy (statutory tort, Privacy Act Sch 2): take-down, undertakings and remedies
Pre-action letter for an individual whose seclusion was intruded upon or whose information was misused: sets out each element of cl 7, demands removal, destruction and undertakings, flags the remedies the court can order and the limitation dates, and invites an apology.
- Kind
- Letter. A letter or email you adapt and send.
- Where it applies
- Australia
- AI use
- Yellow AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at
- 18 October 2026
- Status
- Maintained. Checked on 18 October 2026 against the 5 authorities it cites, for Australia.
- Version
- 1
- Source
- Written for this library
When to use it
Use after the claim assessment checklist in this library shows an arguable claim for conduct on or after 10 June 2025, and the client wants the conduct stopped or remedied without starting proceedings. Where publication is imminent or continuing, consider urgent injunctive relief first. Check the cl 15 to 18 exemptions before sending.
How AI may be used
AI may draft the chronology and the evidence schedule from material the client has preserved and fill the demand template; the lawyer decides whether each element is made out, what is alleged and what is demanded.
AI may
- Build the chronology of the conduct from screenshots, messages and records the client has preserved, citing each source
- Fill the letter with dates, URLs, platforms and the specific material to be removed or destroyed
- Calculate the cl 14 dates from the date of the invasion and the date the client became aware
AI must not
- Must not characterise the conduct as intentional, reckless or serious, or weigh the public interest, without the lawyer’s assessment
- Must not repeat intimate images or the private information itself in the letter beyond what is needed to identify it
- Must not process intimate images or health, sexual or family information in any tool outside an approved, non-training environment
The lawyer checks
- Each cl 7 element is supported by evidence the firm holds, and no exemption in cll 15 to 18 applies to the recipient
- The letter does not itself further publish the private information, and any attachment is limited and marked confidential
- The demands are proportionate and the deadline is realistic, so the letter supports a later costs or damages argument (cl 11(6)(d))
- Limitation dates are diarised and any urgent injunction is considered before waiting for a reply
Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.
Read the full text
The full text is for signed-in accounts. It is free. When you sign in you can:
- read the whole precedent, with its drafting notes beside it;
- copy it, or download it as a Word file or Markdown;
- add it to your firm’s knowledge base, so colleagues can find it;
- let the AI tools you connect read it from that knowledge base.
The summary, the law it rests on and the AI-use guidance above stay public. Privacy.
More in Privacy, Data Protection & Cyber
- Response to a request for access to personal information (APP 12), with refusal notice and correction options (APP 13)
- Data breach response plan (Notifiable Data Breaches scheme, with cyber reporting clocks)
- Notification of an eligible data breach to affected individuals (Privacy Act s 26WL), with the public-notice option
- Notifiable data breach statement to the OAIC: completion guide for the online form
- APP privacy policy with AI and automated-decision disclosures (APP 1.4 and APP 1.7 to 1.9)
- Collection notice (APP 5) for forms, websites, apps and call scripts
- Serious invasion of privacy (statutory tort, Privacy Act Sch 2): claim assessment checklist
- Data protection clause for service providers, including AI vendors (no training, retention, offshore disclosure)
- AI and automated decisions clause for privacy policies and collection notices
- Privacy impact assessment checklist for an AI tool (supplement to the OAIC PIA tool)
All precedents for Privacy, Data Protection & Cyber · Tasks and AI use in this area