Section 11 — Non‑consensual disclosure of private information

(1)In this Act, “non‑consensual disclosure of private information” means the publication of any private information of a person (called in this section the victim), where —

(a)the publication was done without the victim’s consent; and

(b)a reasonable person would conclude that the publication was likely to cause the victim harassment, alarm, distress or humiliation.

(2)In this section, “private information” means any information about a person that was not, prior to the publication, widely available to the public at large, and regulations may clarify the types of information that are (or are not) to be considered private information for the purposes of this section. Illustration X discloses, without Y’s consent, that Y is suffering from a neurocognitive disease. This fact was not widely available to the public prior to X’s disclosure and Y did not exhibit any symptom in public. This fact is Y’s private information.

(3)This section does not apply to any private information of a person that was obtained by perceiving in public or through publicly available information such as —

(a)the physical appearance of the person; or

(b)the conduct or activities of the person.