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Hello all, and thanks for reading today. 

For years, the Australian government had been a little sleepy on the subject of data privacy. But in the last few years, activity has been ramping up—and then in the last few weeks, Australia hit us with two major privacy developments: A significant reform to its longstanding Privacy Act and an outright ban against under-16-year-olds accessing social media. 

The Privacy Act reforms implement 23 of the 25 recommendations made in a 2023 report by the Australian Attorney General reviewing the decades-old law. The initial changes primarily bolster the Privacy Act’s enforceability, creating new tiers of penalties, giving authorities new investigatory powers, and the like. 

This is good news in general, but it’s especially timely given the passage of the Online Safety Amendment (Social Media Minimum Age) Bill, which bans children under 16 from using social media.  

Bills like this one are always controversial—on the one hand, children’s safety is important; on the other, verifying users’ age can involve violating their privacy. If you’re a social media company, do you simply ask a user to click a button affirming they’re over 16? Or do you collect more information on them to verify their identity? Do you go so far as to collect biometric data? 

Best practices for compliance with this bill have yet to be determined, but it is reassuring to see Australian privacy stakeholders analyzing the tradeoff between privacy and safety. Time will tell whether the bill actually leads to more safety for children without compromising their privacy. 

Best, 

Arlo 

 

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