Privacy and other Legislation Amendment Bill set to become law: ADMA
Dr Rob Nicholls: 'Businesses must now critically assess their data collection practices, considering both the necessity and the future implications of their data use.'
The Privacy and Other Legislation Amendment Bill passed Parliament this morning and is set to be signed into law in the coming days, ushering in the first stage of significant updates to Australia’s privacy landscape.
Andrea Martens, CEO of the Association for Data-Driven Marketing and Advertising (ADMA), comments: “This is an important day for the advancement of responsible marketing practices in Australia. The passage of this Bill signals the beginning of a transformative period for privacy legislation in our country, which every business needs to be prepared for.
“ADMA fully supports these changes as a necessary first step to bolster consumer trust, reinforce best practices in data management, and ensure our industry remains aligned with evolving expectations around privacy and transparency.”
While this Bill addresses critical issues such as doxxing, a tort for serious invasion of privacy, and enhanced protections for children online, it also sets the stage for broader reforms that will continue to reshape the industry.
One key amendment is enhanced transparency for automated decision-making (ADM) processes, which will require businesses to clearly articulate how personal information is used in automated decisions that significantly impact individuals.
Dr Rob Nicholls, manager, regulatory and policy at ADMA, comments: “Businesses must now critically assess their data collection practices, considering both the necessity and the future implications of their data use.
“This legislation is meaningful, and reinforces the importance of data minimisation to prepare organisations for further reforms anticipated in the next stages of the Privacy Act’s evolution. The late introduction of a compliance notice regime, combined with the ability to issue infringement notices, emphasises the role of the Privacy Commissioner as an enforcement regulator.”
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ADMA says it remains committed to guiding its members and the broader business community through this transition with a range of resources and training courses available to marketers from any organisation. ADMA will continue to work with the government to ensure the marketing industry’s voice is represented as the reform agenda progresses in 2025 and beyond.
