Opt-out changes pitched
Australian privacy laws are to be reformed.
The government says it will mandate that companies seek informed consent when presenting privacy policies to users, ending the use of complex legal language.
It also says it will curtail “dark patterns” that manipulate user choices, and give people an unrestricted right to opt out of direct marketing using their personal information.
The planned changes include measures to restrict the use of sensitive data for such targeting, except when it serves a “socially beneficial” purpose.
The Attorney-General’s Department has also spelled out new protections for children, potentially prohibiting direct marketing to individuals under 18 unless their data was collected directly and it is in their best interests. Additionally, companies will face stricter data disposal obligations.
The government says small businesses may no longer enjoy exemptions from the Privacy Act, pending consultations to address potential regulatory burdens.
Additionally, it is considering granting individuals the ability to request the deletion or de-identification of their personal information, including removal from search engine results. Exceptions will apply in cases conflicting with the public interest.
These reforms are expected to continue to evolve over the next year, with consultations and likely transition periods, and legislation is anticipated in 2024.
More details are available in the Government response to the Privacy Act Review Report.