On 12 September 2024, the Australian Government introduced the Privacy and Other Legislation Amendment Bill 2024 – Bill which represents the first tranche of Australian privacy law reforms.
The Bill marks a significant step in reforming privacy laws, though it doesn’t encompass all the recommendations from the Privacy Act Review Report.
Key aspects of the Bill
- Tort for Invasion of Privacy
This introduces a statutory cause of action, allowing individuals to sue businesses for serious invasions of privacy, potentially leading to individual or class action lawsuits. - Overseas Data Disclosures
The Bill proposes mechanisms for simplifying data disclosures to ‘whitelisted’ jurisdictions with similar privacy standards, though it does not address the shortcomings that prevent Australia from being GDPR-compliant. - Transparency in Automated Decision-Making
Businesses will need to disclose how automated processes affect individuals’ rights, with changes taking effect two years after the Bill becomes law. - Minors’ Online Privacy Scheme
The Bill defines a child as anyone under 18 and mandates the creation of a Children’s Online Privacy Code, affecting online platforms accessible by minors. - Data Breach Response Declarations
Grants the Minister the power to declare eligible data breaches, facilitating information sharing to reduce harm. - Criminal Offence for Doxxing
It criminalises the act of maliciously disclosing an individual’s personal data online, aiming to protect individuals rather than business compliance.
