Australia: House of Representatives passed the Privacy and Other Legislation Amendment Act 2024 including cross-border data transfer regulation to the Senate

On 6 November 2024, the Privacy and Other Legislation Amendment Act 2024 was passed to the Senate following the House of Representatives agreement in the third reading. The Act would amend the existing privacy regime, including rules on overseas data flows. These rules would require that personal information can only be transferred to countries or binding schemes that provide substantially similar privacy protections as those under the Australian Privacy Principles (APPs). Prior to the Governor-General's designation of a country or scheme for data transfers, the Minister is obligated to confirm that the designated country or scheme offers adequate legal protections and that individuals have mechanisms to enforce their rights. Furthermore, regulations may impose specific conditions on entities or types of personal information involved in cross-border transfers.