The first portion of agreed recommendations from the Privacy Act Review has been introduced by the government.
The Privacy and Other Legislation Amendment Bill 2024 includes few updates that will affect the advertising and marketing industry, leaving companies and clients in limbo once more as they wait for the next round of recommendations to be introduced.
There is nothing around first-party and third-party data collection, definitions of personal information or how a 'fair and reasonable test' would apply to the use of such information.
What it does include is a new statutory tort to address serious invasions of privacy; the development of a Children's Online Privacy Code, supported by an additional $3 million over three years to the Office of Australia Information Commissioner (OAIC) for it to develop this; and greater transparency for individuals regarding automated decisions that affect them.
It also introduces streamlined information sharing in the case of an emergency or eligible data breach, while ensuring that information is appropriately protected; stronger enforcement powers for the Australian Information Commissioner; and new criminal offences to outlaw doxxing, the malicious release of personal data online.
The Bill will impose a maximum penalty of six years' imprisonment for the malicious use of personal data, and a more serious penalty of seven years' imprisonment, where a person or group is targeted because of their race, religion, sex, sexual orientation, gender identity, intersex status, disability, nationality or national or ethnic origin.
The advertising industry is worried that some of the extra regulations, which will now arrive in later tranches of the legislation, will impact the collection of personal data which enables fine targeting in digital ads.
In a release by the attorney-general Mark Dreyfus, the government said the legislation is just the first stage of its commitment to provide individuals with greater control over their personal information.
"We will continue targeted consultations with industry, small business, the media, consumer groups and other key stakeholders on draft provisions to ensure we strike the right balance between protecting people's personal information and allowing it to be used and shared in ways that benefit individuals, society and the economy," the government said.
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