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At a glance
- First tranche of Privacy Act 1988 reforms introduced into Parliament.
- Will enhance privacy protections for individuals.
- Reforms only partially address expected changes; further significant reforms are anticipated in a forthcoming second tranche.
- Key features of the Bill.
- What the changes mean.
- Actions to consider now.
- How EY can help.
On 12 September 2024 the Australian Government introduced the first tranche of reforms to the Privacy Act 1988 (Cth) (Privacy Act), into Parliament, in the Privacy and Other Legislation Amendment Bill 2024 (the Bill).
The Bill is the latest development in a four year long process following a review by the Attorney General’s Department, stakeholder consultation and the Government's response. If enacted, the Bill will enhance privacy protections for individuals by:
- Granting the Office of the Australian Information Commissioner (the independent national regulator for privacy and freedom of information) greater enforcement powers
- Establishing a right for individuals to sue for serious privacy breaches
- Mandating clearer disclosures about the use of personal information in automated decision-making
- Strengthening privacy safeguards for children
- Criminalising the act of doxing to deter the malicious sharing of personal information online.
In response to polling conducted by the Information Commissioner, 89% of Australians indicated they support reform to the Privacy Act to make it fit for the digital age and this is squarely on the Government’s legislative agenda. While the Bill introduces some added protections for consumers, this first tranche of reforms only gets us part of the way there. Many of the significant changes expected based on the Government's response to the Attorney General’s review have been excluded from this first tranche. These further changes will likely be introduced in future legislative updates following more consultation with stakeholders.
We expect that the Government will introduce further reforms so that Australia can keep up with privacy and data protection laws globally, but it is not yet clear when this will happen.
With a Federal Election approaching in early 2025, the path forward for privacy reform in Australia continues to be unpredictable.