On 12 September 2024, the Privacy and Other Legislation Amendment Act 2024 was introduced to the Parliament of Australia. The Act would introduce a number of changes to the existing privacy regime, including broadening the Office of the Australian Information Commissioner's (OAIC) enforcement powers, including the ability to issue mid-tier civil penalties for breaches of privacy provisions and a low-level civil penalty for administrative breaches. Further, the Act would task the OAIC with the development of a Children's Online Privacy Code when using digital platforms. The Children's Online Privacy Code would bind providers of social media services, providers of relevant electronic services, designated internet services, and services that are likely accessed by children. The Act would also amend the range of permissible actions following significant data breaches and emergencies, and aim to increase certainty around data protection by prescribing more specific measures, such as providing information about automated decisions in privacy policies. The Act would also introduce a statutory tort for serious invasions of privacy.
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