The Office of the Australian Information Commissioner (OAIC) welcomes the passing of the Privacy and Other Legislation Amendment Bill 2024 as a significant step forward in advancing privacy protections for the Australian community.
The Bill contains significant measures including:
- the introduction of a statutory tort for serious invasions of privacy, giving individuals a route to seek redress for privacy harms in the courts
- the expansion of the OAIC’s enforcement and investigation powers, including new tiers of civil penalties and the ability to issue infringement notices
- a mandate for the OAIC to develop a Children's Online Privacy Code, which will cover not only social media platforms but any online services likely to be accessed by children
- a new mechanism to prescribe a 'white list' of countries and binding schemes with adequate privacy protections to facilitate cross-border data transfers
- a requirement that privacy policies contain information about substantially automated decisions which significantly affect individuals’ rights or interests, including the kinds of decisions and kinds of personal information used.
“These new powers and functions come at a critical time, as privacy harms increase and the Australian community demands more power over their personal information,” Australian Privacy Commissioner Carly Kind said.
“They have had a long gestation. Many have campaigned for reform – in some cases for more than a decade – so their efforts need to be recognised today.
“The reforms are an important first step. More needs to be done of course, and we appreciate the government’s commitment to further action.”
