IAB raises concerns about proposed changes to privacy laws

Mariam Cheik-Hussein
By Mariam Cheik-Hussein | 27 January 2022
 
Gai Le Roy, IAB Australia’s CEO.

IAB Australia has raised concerns about proposed changes to privacy laws, saying they could stifle innovation and disadvantage Australian businesses.

Proposed changes include broadening the definition of “personal information” and increasing the prominence of personal information collection notices.

In its submission to the government’s Privacy Act Review Discussion Paper, the industry body says the proposals would “detrimentally impact on the industry’s ability to function effectively”.

“Privacy and consumer trust are fundamental to the functioning of our industry, but we can’t keep throwing more frequent and more detailed notices at consumers,” IAB Australia CEO Gai Le Roy says.

“If we want to be a leading digital economy and society, the law should not be restricting legitimate uses of data that are not harmful, are within consumers’ expectations and are necessary to support online business.

“The regulatory framework should address harmful practices without slowing down the digital economy or the advertising that funds it.”

IAB Australia raises three key concerns with the proposals, including that privacy regulations should not prevent legitimate data practices that support the digital economy, and that legislation should remain principles-based and "tech neutral" so that it can adapt to evolving data practices over time.

The IAB says the Australian regulatory framework should not be more restrictive than overseas jurisdictions such as the UK and the EU, arguing it would “stifle innovation and put Australian businesses at a competitive disadvantage to those based overseas”.

The industry body argues that the proposals go further in restricting legitimate digital advertising practices than any other jurisdiction, including the EU under the GDPR.

“Getting the regulatory settings right is no simple task,” Le Roy says.

“We very much welcome this important discussion and look forward to working constructively with the Government to achieve a fit-for-purpose regulatory framework that will remain relevant into the future.”

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