The Federal government has announced landmark reforms to privacy laws designed to protect people’s online privacy and data and ensure that Australia’s privacy laws remain fit for purpose in the digital age.
On 25 October 2021, Attorney-General Michaelia Cash released a consultation paper and draft legislation – the Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 (the Online Privacy Bill) – which will enable the introduction of a binding online privacy code for social media companies and certain other online platforms, and increased penalties and enforcement measures.
The reforms will strengthen Australia’s legal framework by requiring online platforms to comply with strict new privacy requirements, including stronger protections for children and other vulnerable groups. For example, under the code, social media platforms will be required to take all reasonable steps to verify a users’ age, and prioritise the best interests of children when handling their personal information. The code will also require platforms to obtain parental consent for users under 16 and stop disclosing personal information if a user requests it.
The Online Privacy Bill will also introduce tougher penalties and enforcement powers to enable Australia’s privacy regulator, the Office of the Australian Information Commissioner, to resolve matters more effectively and efficiently. Social media companies will face fines of up to $10 million for serious breaches.
“We know that Australians are wary about what personal information they give over to large tech companies. We are ensuring their data and privacy will be protected and handled with care. Our draft legislations means that these companies will be punished heavily if they don’t meet that standard,” Ms Cash said.
Click here to access a copy of the draft Online Privacy Bill.
https://consultations.ag.gov.au/rights-and-protections/online-privacy-bill-exposure-draft/
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