Draft legislation has been introduced to amend the Privacy Act 1988 (Cth) for the digital age.

Social media platforms have been in the cross-hairs for Australian regulators for the past year and now the Australian Government plans to revitalise the current legislative regime to make it ‘fit for purpose in the digital age’. The Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Bill 2021 is designed to establish an Online Privacy Code for social media platforms, data brokers and other online entities in Australia. Furthermore, this Code will require companies to implement stronger privacy requirements, with a particular focus on protecting children. Since terms and conditions have already been identified as ambiguous when directed at children, this new legislation will require social media companies to take reasonable steps to ensure a child’s age, consent, and plainly demonstrate how their data will be used and handled. Additionally, children under the age of 16 will be required to obtain parental consent before accessing such platforms.

Alongside the proactive requirements, the Bill will enforce higher penalties for non-compliance. This will encourage social media companies to comply with the relevant standards and act transparently when handling consumer data. The Office of the Australian Information Commissioner will also be endowed with enforcement powers to resolve matters more effectively and efficiently. Consumers will also be allowed to issue complaints to the eSafety Commissioner over the content featured on social media platforms to ensure safety when operating online.

With an eye on consumer data and privacy, the Attorney-General’s Department is seeking public feedback on these proposed amendments. Submissions to the Bill are due on 3 December 2021.