To what extent does the new Australian statutory tort for serious invasions of privacy resonate harmoniously with the concept of a reasonable expectation of privacy as identified by Australian courts in the context of a common law cause of action (distinct from breach of confidence) and might either (or both) support trustworthy health data governance? In this presentation, I briefly survey Australian jurisprudence in relation to a common law action for invasion of privacy and compare the privacy protection that may be offered under the new statutory tort for serious invasions of privacy. I then consider each in relation to the requirements of trustworthy governance and ask how supportive they may be, in isolation or combination, of well-placed public confidence in the governance of health data.