On September 12, 2024, the first tranche of amendments to the Privacy Act 1988, referred to as the Privacy and Other Legislation Amendment Bill 2024 (the Bill), was introduced to the Australian Parliament.
Some of the Bill's key features include:
- Broader enforcement and investigative powers for the Office of the Australian Information Commission (OAIC).
- Creation of statutory tort for serious invasions of privacy.
- Greater transparency around automated decision-making and privacy disclosures will need to include details of the same. Notably, in parallel, the Federal Government has introduced a policy for the responsible use of Artificial Intelligence for Federal Government departments and agencies.
- OAIC to develop a new Children's Online Privacy Code to enhance privacy protections for children in the online environment, particularly when using digital platforms.
- Creation of a criminal offense for doxing (the act of publishing private or identifying information about an individual on the internet, typically with malicious intent).
- Simplified international data sharing arrangements.
- Streamlined an efficient exchange of information sharing in the case of an emergency or for certain data breaches.
- Establishment of a new system of civil penalties for interferences with privacy.
The Bill is expected to undergo Parliamentary Committee review, which may or may not be completed before 2025.
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