No statutory or common law action for invasion of privacy has developed in Australia. In 2001, the High Court of Australia left the option open in Australian Broadcasting Corporation v Lenah Game Meats Pty Ltd. The issue of whether a statutory cause of action for serious invasion of privacy should be introduced in NSW will be addressed in a report to be released on 3 March 2016. In this article we briefly outline the context of this development, which may lead to the creation of new exposures to liability for businesses and their insurers.