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Home/Regulation Tracker/Australia Privacy Act 1988 and Privacy and Other Legislation Amendment Act 2024

Australia Privacy Act 1988 and Privacy and Other Legislation Amendment Act 2024

Australia's 2024 privacy reforms add the country's first automated-decision transparency duty, effective December 2026, alongside a privacy tort and a children's online privacy code, with penalties up to A$50 million or 30% of turnover.

australiaprivacy actautomated decision-makingoaic

At a glance

Acronym: Privacy Act
Country or region: Australia
Extraterritorial reach: Yes
Current status: In force, applied in stages
Legally binding: Legally binding
Instrument: National or regional law
Official text: Read the official text

All details 16

Applies to: Industry: All industries
Applies to: Type of AI: Automated decision-making systems, Profiling and scoring systems, Training data and datasets, AI services used by children and minors
Who must comply: Data controllers and processors, All organisations
Proposed: 12 Sept 2024
Effective: 10 Dec 2024
Compliance deadline: 10 Dec 2026
Enforced by: Office of the Australian Information Commissioner (OAIC)
Penalty type: Administrative fine, Revenue-based fine, Injunction or order, Civil liability
Penalties: Civil penalties up to the greater of A$50 million, three times the benefit obtained or 30% of adjusted turnover; new statutory tort for serious invasions of privacy.

Required actions

From 10 December 2026, privacy policies must disclose the kinds of personal information used in computer programs that make or substantially assist decisions significantly affecting individuals, and the kinds of decisions involved - Comply with the Children's Online Privacy Code once registered by the OAIC - Apply the OAIC's 2024 guidance on training generative AI with personal information and on using commercial AI products

Sources

legislation.gov.auhttps://www.legislation.gov.au/C2004A03712/latest/text

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Australia Privacy Act 1988 and Privacy and Other Legislation Amendment Act 2024

Required actions

Sources

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