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New Privacy Protections for Australians?

Written by Arlo Gilbert | Sep 19, 2024 12:15:00 PM

Hello all, and happy Thursday! 

With the Privacy Act of 1988, Australia was among the first countries to implement data privacy legislation in the world. But it should come as no surprise that legislation from 1988 is a bit outdated. 

Over the years, the Privacy Act has received a few updates here and there, but it’s been consistently behind relative to more comprehensive data privacy regulations like the GDPR. After a recent review, the Australian government has introduced a new piece of legislation that will update the Privacy Act to bring it in line with modern data privacy regulations. 

The draft bill isn’t perfect and still doesn’t match many of the protections provided by EU or US laws, but it’s a start. Notably, the act introduces: 

  • A tort for serious invasions of privacy  
  • A children's privacy code applying to social media and internet services 
  • Tiered sanctions for data breaches 
  • Requirements to include details of automated decision-making in privacy policies 
  • Data breach declarations 
  • Equivalency standards for overseas transfers  
  • Criminal offense for doxxing 

However, the bill has only just been introduced in the Australian legislative process (which, candidly, I am not an expert on). It’s likely to go through additional changes, but if it passes, it’ll go a long way toward providing Australians with much-needed, modern privacy protections! 

 Best, 

Arlo

 

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