On September 12, 2024, the Australian Parliament introduced the Privacy and Other Legislation Amendment Bill 2024, the first major update to the Privacy Act 1988 in over three decades. The bill, often referred to simply as “the Bill,” aims to significantly enhance privacy protections and adapt existing laws to the modern digital age. The proposed amendments would expand the powers of the Office of the Australian Information Commissioner (OAIC) and grant new enforcement and investigative capabilities to ensure compliance.
One of the most notable changes is the creation of a statutory tort for serious invasions of privacy, which would allow individuals to seek legal recourse for severe breaches. Additionally, the Bill mandates greater transparency in automated decision-making, requiring organizations to disclose how personal data is used in such processes. The Federal Government has also introduced a policy to ensure responsible AI usage across its departments and agencies, emphasizing accountability in AI-driven decision-making.
To address growing concerns around children’s online safety, the Bill empowers the OAIC to develop a Children’s Online Privacy Code. This code would focus on enhancing privacy protections for children when they engage with digital platforms, limiting data collection and targeting practices. Furthermore, the Bill introduces a new criminal offense for doxing, targeting individuals who maliciously share private information online to harm others.
The Bill also aims to streamline data sharing, both internationally and in response to emergencies or specific data breaches, making information exchange more efficient. It proposes a new system of civil penalties for privacy violations, which would strengthen repercussions for organizations failing to protect personal data. The Bill is currently set for a Parliamentary Committee review, with possible further revisions, and may not be finalized before 2025.
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