Cybersecurity Policy Report, Phased Approach Planned for Development of Australian Privacy Code for Children, (Apr 15, 2025)
By Tony Foley
The Office of the Australian Information Commissioner (OAIC) has opened a phased consultation to solicit feedback on a privacy code for children that it expects to develop over the next two years.
In a blog post yesterday, OAIC said that as children grow, so do the vast stores of their data and personal information held by businesses, government agencies, and others. As a result, children are subject to potentially harmful data practices like profiling, direct marketing, and targeted advertising, as well as emerging harms from artificial intelligence. The high level of data collections also leaves children and young people susceptible to data breaches, identity theft, discrimination, and algorithmic bias.
Accordingly, OAIC said, it was charged, under the Privacy and Other Legislation Amendment Bill 2024, with developing a Children’s Online Privacy Code (CPR, Dec. 12, 2024).
The post specifies that OAIC will adopt a phased approach to consultation on the proposed code to ensure that its development is informed by a wide range of voices. Specifically, OAIC provided the following timetable:
Phase 1: Initial discussion with children, parents, and relevant organizations focused on children’s welfare, which commenced in January;
Phase 2: Engagement with industry, civil society, and academia to gather insights and perspectives, which commenced this month; and
Phase 3: A public consultation period on the draft code, lasting a minimum of 60 days, which is scheduled to occur in 2026.
OAIC has developed a series of three discussion papers, one for younger children, one for older children, and one for parents, presenting scenarios and discussion prompts to be used in Phase 1. The post also discusses the parameters of the other phases of the consultation.
“We are committed to an inclusive and transparent process that centers the best interests of the child,” said Kate Bower, director of the OAIC’s Privacy Reform Implementation and Social Media (PRISM) Taskforce. “We will continue working with stakeholders across sectors and throughout all phases of development. This sustained engagement will ensure the Children's Online Privacy Code is robust, well-informed and reflects the needs of all Australians.”
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