IAB and ADMA on the government's response to Privacy Act Review

Sarla Fernando, director of regulatory and advocacy at ADMA (Association for Data-driven Marketing and Advertising),says the government's response is a step in the right direction, striking a balance between a need for greater consumer protections whilst allowing businesses to retain key responsible marketing practices

"The clear commitment to better protect children and the vulnerable is another welcome priority," said Fernando.

“ADMA has consistently advocated for the need to modernise Australia’s privacy laws to better reflect the landscape in which it operates - one that is more technologically advanced and global than it was at the time of its initial drafting. The changes are needed, but so is an approach that ensures that the laws remain effective in the future.”

Fernando said that the government’s response to the Privacy Act Review Report has some sensible ways forward in addressing the key concerns raised by ADMA in its submission, which followed extensive industry consultation.

"The net effect we will continue to advocate for, is a set of accepted principles which will halt malicious and damaging practices whilst facilitating the kind of targeted marketing consumers have come to value," she said.

“While the response is encouraging, the journey is far from over, there is still work to be done to ensure that those proposals that are ‘agreed in principle’, progress in a way that makes sense and achieves its objective."

Fernando said that ADMA urges the government to continue its further consultation while actively involving the data-driven marketing industry in particular, saying it's "essential" as it looks to create clear and distinct definitions for targeting and direct marketing, to ensure the law is both pragmatic and efficient.

“We strongly advocate for extended and inclusive engagement and consultation to get the proposed changes in the law, right for the consumer and for responsible business practices," said Fernando.

"ADMA remains committed to championing these dialogues. Our focus now will be in continuing to engage our member (and wider) community on a number of areas that require continued thought and consultation to mitigate the risk of drafted law not having the intended impact when applied in day-to-day business operations."

Fernando said ADMA actively encourages its members to connect with the association, ensuring a collective voice remains robust and relevant in shaping this "pivotal" legislation.

"In particular, ADMA will be keen to contribute to the ongoing conversations around targeted advertising and trading as the government's response still leaves some room for clarification. The data-driven marketing and advertising industry will also be interested to better clarify the roles and responsibilities of data controllers and processors," she said.

"ADMA is also inclined to advocate for our SME members as the move to remove the small business exemption is explored.

“We must also stress, the way this Act looks to be shaping up means that it isn’t a mere reiteration of GDPR. Therefore, any company making assumptions rooted in its current GDPR compliance could well not meet the requirements of the changing Australian law.

“The government has said it intends to legislate this Act in 2024, and with enhanced powers for the Information Commissioner and increased punishments already in place, businesses need to act now to ensure they understand what they need to do to be compliant under this act”