---
title: "Letter of demand for a serious invasion of privacy (statutory tort, Privacy Act Sch 2): take-down, undertakings and remedies"
url: "https://ailawframework.com/precedents/privacy-data-protection-and-cyber/serious-invasion-of-privacy-letter-of-demand"
type: "precedent"
site: "AI Law Framework"
id: "a25-serious-invasion-of-privacy-letter-of-demand"
area_id: "A25"
kind: "letter"
ai_level: "yellow"
version: 1
task_ids: ["A25-T1-R8"]
law_stated_as_at: "2026-10-18"
---

# 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…

Canonical page: https://ailawframework.com/precedents/privacy-data-protection-and-cyber/serious-invasion-of-privacy-letter-of-demand  
Law stated as at: 2026-10-18

Site index for agents: https://ailawframework.com/llms.txt

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.

## Key facts

- Kind: Letter. A letter or email you adapt and send.
- Practice area: [Privacy, Data Protection & Cyber](https://ailawframework.com/precedents/privacy-data-protection-and-cyber.md)
- Jurisdictions: Australia
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-18
- Status: Maintained. Checked on 2026-10-18 against the 5 authorities it cites, for Australia.

## 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.

## Used for these tasks

- [Build a privacy-tort and misuse-of-information issues table](https://ailawframework.com/practice/privacy-data-protection-and-cyber.md#A25-T1-R8)

## 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

## Authorities

- [Privacy Act 1988 (Cth) Sch 2 cl 7 (cause of action: intrusion upon seclusion or misuse of information; reasonable expectation of privacy; intentional or reckless; serious; public interest balance; actionable without proof of damage)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) Sch 2 cll 11 and 12 (damages, including the cap and the relevance of an apology, correction and reasonable settlement steps; other remedies including injunctions, apology, correction and delivery up or destruction)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) Sch 2 cl 14 (when proceedings must be commenced)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) endnotes: Schedule 2 commenced on 10 June 2025 (Privacy and Other Legislation Amendment Act 2024 (Cth) s 2(1) item 8)](https://www.legislation.gov.au/C2004A03712/latest/text)
- [Privacy Act 1988 (Cth) Sch 2 cll 15 to 18 (exemptions: journalists; agencies and State and Territory authorities and their staff; law enforcement bodies; intelligence agencies; persons under 18)](https://www.legislation.gov.au/C2004A03712/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/privacy-data-protection-and-cyber/serious-invasion-of-privacy-letter-of-demand and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*