Cybersecurity Policy Report, Official: Kids’ Privacy Is Focus of New Australian Legislation, (Sep 17, 2024)

By Tony Foley

In a blog post today, an official in the Australian Office of the Information Commissioner (OAIC) outlined the agency’s goals in proposing to amend the country’s privacy and data protection law to enhance privacy protections for children.

The post, from Rebecca Brown, the OIAC’s director–law reform and digital platforms, said a key feature of the Privacy and Other Legislation Bill 2024, which was introduced in the Australian Parliament last week (CPR, Sept. 13), was the development of a Children’s Online Privacy Code. The post maintains that online services designed to appeal to young people may not always be safe, appropriate, and properly protective of their privacy and adds that a recent survey indicates that 85% of parents believe both that children must be empowered to use the Internet and other online services and that they must have their data privacy protected.

The proposed code will apply to social media and a wide range of other Internet services likely to be accessed by children, including apps, websites and messaging platforms. It will specify how such services must comply with the privacy principles laid out in the Privacy Act 1998.

As an example, the post notes that organizations have an obligation under existing law to have a privacy policy and to issue collection notices, but the new code might specify how organizations should tailor their privacy policies and collection notices to a child so that they are clear and easy to understand.

“Ultimately, the content of the code will be determined through the code development process. The OAIC intends to adopt a transparent and collaborative approach,” said Ms. Brown. “We will consult widely with children, parents, child development experts, child welfare advocates, civil society, other regulators and across the online industry to ensure different voices are heard and represented throughout the process. To the extent possible, we will look to align the code with the UK’s Age Appropriate Design Code, while recognising there are differences in the underlying legal frameworks, and leverage the learnings of our international counterparts.”

News: InternationalLegislation DataPrivacy