Credit: S. Laiba Ali via Unsplash
The timeline for the next wave of privacy reforms in Australia is in limbo following the federal election, leaving the advertising industry unsure whether it will be consulted on changes, AdNews can reveal.
The first major update to the Privacy Act in more than a decade took effect last year, but key reforms have yet to land.
Michelle Rowland’s appointment as Attorney-General earlier this month has prompted questions over whether the leadership change could further delay the consultation process.
The Attorney-General’s Department has declined to comment on the timeline for the second tranche of reforms.
“The Attorney-General’s Department is consulting with the new Attorney-General on privacy reform options and the work done to date to ensure Australia’s laws protecting personal data are fit for purpose in the digital age,” a spokesperson told AdNews.
“The content and timing of any future amendments to the Privacy Act 1988 are a matter for the government.”
The Attorney-General’s Department in 2023 released a review report with 116 recommendations.
The first iteration of the Privacy Act arrived in December 2024 via the Privacy and Other Legislation Amendment Bill 2024.
The legislation addressed areas such as children’s safety, information sharing during emergencies, and criminalising doxxing, but many recommendations relevant to the advertising industry were delayed.
IAB Australia CEO Gai Le Roy said the next wave of proposals have been flagged by the government, but no updated timelines have been shared.
“With limited parliamentary sitting days early in 2025, an election campaign and a new Cabinet settling in, the timing of the second tranche remains unclear,” she told AdNews.
“However, the OAIC has already been granted new enforcement powers, and privacy commissioner Carly Kind has flagged her intention to proactively enforce current privacy laws.
“She has called out tracking technologies, high-risk data practices and organisational accountability as areas of focus and has encouraged proactive engagement from industry.
“This means some of the topics expected to be updated in the next tranche may instead be reassessed under existing Australian Privacy Principles.
“As data and AI continue to come under scrutiny, we anticipate multiple Government and regulator inquiries across these topics.
AANA director of policy and regulatory affairs Megan McEwin said the industry body is hoping the consultation process will resume next month.
“There is a new Attorney-General and this may affect the timing, however we are ready for consultation,” she told AdNews.
“We are expecting further consultation on the issue of targeting and the proposal to require consent to undertake targeting, including exclusion targeting.”
McEwin said the AANA has raised concerns that using deidentified data for privacy-safe targeting makes obtaining consent impossible, rendering consent requirements impractical to enforce.
“Using the data that a user is located in a low socio-economic area and therefore should not be served with ads for credit cards is a responsible thing to do but one which could be undermined by the requirement to gain consent,” she said.
“We are also opposed to consent being the only basis for collecting and using data due to the cyber-security risk that will only grow in the future.
“We believe a strict legitimate interest test is required to enable companies to protect their data and customers from hacking and scams.
“These bad actors will not consent to their data being collected to determine their IP location for example so consent becomes a loophole for hackers and scammers to exploit for their own benefit.”
Le Roy said IAB has been advising members on consent management options for digital advertising.
“At a high level, we recommend brands and advertisers review how personal data is used in automated processes and ensure privacy policies reflect this,” she said.
“Broader penalties now apply, making it important to address even minor breaches like outdated privacy policies or inadequate opt-outs.
“Ongoing industry engagement in consultations and codes is essential to help shape workable, future-focused regulation.”
Have something to say on this? Share your views in the comments section below. Or if you have a news story or tip-off, drop us a line at adnews@yaffa.com.au
Sign up to the AdNews newsletter, like us on Facebook or follow us on Twitter for breaking stories and campaigns throughout the day.