Key Reforms Under the Privacy and Other Legislation Amendment Act 2024

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Key Reforms Under the Privacy and Other Legislation Amendment Act 2024


1. New Statutory Tort for Serious Invasions of Privacy

The Act introduces a new statutory tort, allowing individuals to sue for serious privacy invasions. This includes:

  • Physical privacy violations and misuse of personal information
  • The invasion must be intentional or reckless and serious
  • The individual must have had a reasonable expectation of privacy
  • A public interest test balancing privacy against competing interests

Action Steps for Organisations:

✅ Review and update internal privacy policies to address both data breaches and broader privacy concerns, including physical privacy violations.
✅ Conduct regular privacy impact assessments for new projects involving personal data.
✅ Train employees on what constitutes intentional or reckless privacy invasions and how to prevent them.

2. Stronger Enforcement Powers for the OAIC (Office of the Australian Information Commissioner)

The OAIC now has enhanced powers to investigate and enforce compliance, introducing a tiered penalty regime:

  1. High-tier penalties: Up to $50 million or 30% of annual turnover for serious privacy violations.
  2. Mid-tier penalties: Up to $3 million for non-serious breaches.
  3. Lower-tier administrative fines: Up to $313,000 for administrative breaches of the Australian Privacy Principles (APPs) (e.g., failure to provide opt-out options for direct marketing).

Action Steps for Organisations:

✅ Establish a robust privacy program with documented policies, clear breach notification procedures, and regular privacy audits.
✅ Strengthen data governance and compliance frameworks to proactively identify and mitigate privacy risks.
✅ Implement real-time monitoring and internal reporting mechanisms to detect compliance gaps before they become enforcement issues.

3. Increased Transparency for Automated Decision-Making

If your organisation uses automated decision-making (ADM) systems that significantly impact individual rights (e.g., approving or denying services), you must:

  • Disclose in privacy policies what types of personal information are used in ADM.
  • Explain the nature of decisions made by ADM that may impact individuals' rights.

Action Steps for Organisations:

✅ Conduct an audit of all automated decision-making processes and assess their impact on individuals.
✅ Update privacy policies to clearly disclose how personal data is used in ADM and ensure transparency.
✅ Implement a review mechanism allowing individuals to contest ADM decisions if they believe their privacy has been compromised.

4. Criminalisation of Doxxing

The Act introduces new criminal offences for the malicious release of personal information (doxxing) intended to harass, intimidate, or harm individuals.

Action Steps for Organisations:

✅ Review cybersecurity policies to prevent unauthorised access and misuse of personal data.
✅ Ensure strict access controls and data minimisation practices to limit exposure of sensitive information.
✅ Train staff on identifying and preventing doxxing risks, including secure handling of employee and customer data.

5. New Children’s Online Privacy Code

A Children’s Online Privacy Code will be developed by the OAIC within 24 months of the Act taking effect. This will introduce stronger safeguards for minors under 18, including:

  • Stricter parental consent requirements
  • Age-appropriate privacy settings for online platforms targeting children

Action Steps for Organisations:

✅ Assess whether your organisation collects children’s data and review consent mechanisms.
✅ Prepare to update privacy policies and age-verification measures in line with the upcoming Code.
✅ Conduct data protection impact assessments to identify risks associated with handling children’s data.

6. Ministerial Power for Emergency Information Sharing

Ministers can now declare emergency information-sharing provisions in response to cyber incidents or significant data breaches to mitigate harm.

Action Steps for Organisations:

✅ Update incident response plans to reflect emergency data-sharing protocols.
✅ Train employees on when and how to comply with emergency information-sharing requests.
✅ Test emergency response plans through cybersecurity drills to ensure readiness.

7. New Compliance Notice Regime

The OAIC can now issue compliance notices requiring organisations to take corrective action for privacy breaches before imposing fines.

  • Failure to comply with a compliance notice can result in civil penalties up to AU$330,000 for corporations.

Action Steps for Organisations:

✅ Implement a proactive compliance strategy to ensure adherence to privacy laws before regulatory intervention.
✅ Monitor and track compliance efforts through regular internal audits and assessments.
✅ Establish a rapid response process for addressing compliance notices before penalties escalate.

When Do These Changes Take Effect?

Most provisions will come into effect immediately once the Act receives Royal Assent. However, some reforms have delayed implementation:

  • Automated decision-making transparency requirements: 24 months after Royal Assent.
  • Statutory tort for serious invasions of privacy: Within six months of Royal Assent, meaning it will be enforceable by mid-2025 at the latest.
  • Children’s Online Privacy Code consultation period: Extended to 60 days before finalisation.

What Should Organisations Do Now?

The Privacy and Other Legislation Amendment Act 2024 represents one of the most significant overhauls of Australian privacy law in recent years. To ensure compliance, organisations should:

✅ Conduct a Baseline Privacy Assessment – Evaluate current data governance practices, security policies, and compliance frameworks.
✅ Update Internal Policies & Procedures – Align data handling practices with new privacy protections, transparency requirements, and breach notification obligations.
✅ Enhance Employee Training & Awareness – Regular training on privacy obligations, security risks, and new legal requirements is critical.
✅ Prepare for Future Reforms – The 2024 amendments are just the first phase of broader privacy law reforms, so staying informed and adaptable is key.

Final Thoughts

The Privacy and Other Legislation Amendment Act 2024 is a major shift in Australian data privacy law, increasing regulatory scrutiny, financial penalties, and compliance obligations. While these changes present challenges, they also offer opportunities for organisations to enhance privacy protection, build consumer trust, and demonstrate leadership in data governance.

By taking proactive steps now, businesses can avoid costly penalties, mitigate risks, and ensure they are well-prepared for Australia’s evolving privacy landscape.

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