Australia Privacy Act Compliance (2024 Amendments)

Overview

Australia's Privacy Act 1988 (Cth) is the primary federal data protection legislation, administered and enforced by the Office of the Australian Information Commissioner (OAIC). The Privacy Act applies to Australian Government agencies, private sector organisations with an annual turnover of more than AUD 3 million, and certain other organisations regardless of turnover (health service providers, organisations trading in personal information, credit reporting bodies).

The Australian Government's 2024 Privacy Act Reform Amendments (building on the Attorney-General's Department Privacy Act Review Report of February 2023) introduced significant reforms including a statutory tort for serious invasions of privacy, enhanced individual rights, automated decision-making transparency obligations, a children's privacy code, and strengthened enforcement powers.

Australian Privacy Principles (APPs)

The 13 APPs

APP	Subject	Key Requirement
APP 1	Open and transparent management	Maintain a clear privacy policy; take reasonable steps to implement practices that ensure compliance
APP 2	Anonymity and pseudonymity	Give individuals the option of dealing anonymously or under a pseudonym where practicable
APP 3	Collection of solicited personal information	Collect only information reasonably necessary for functions/activities; collect sensitive information only with consent
APP 4	Dealing with unsolicited personal information	If unsolicited information could not have been collected under APP 3, destroy or de-identify it
APP 5	Notification of collection	Notify individuals of: identity, purpose, third-party disclosures, overseas disclosures, access/correction rights, complaint mechanism
APP 6	Use or disclosure	Use or disclose only for the purpose of collection or a directly related secondary purpose within reasonable expectations
APP 7	Direct marketing	May use for direct marketing if individual would reasonably expect it and opt-out is provided; sensitive information requires consent
APP 8	Cross-border disclosure	Before disclosing overseas, take reasonable steps to ensure the overseas recipient complies with the APPs
APP 9	Adoption, use, or disclosure of government identifiers	Must not adopt a government identifier as own identifier; limited use and disclosure
APP 10	Quality of personal information	Take reasonable steps to ensure information is accurate, up-to-date, complete, and relevant
APP 11	Security of personal information	Take reasonable steps to protect from misuse, interference, loss, and unauthorised access; destroy or de-identify when no longer needed
APP 12	Access to personal information	On request, give individuals access to their personal information
APP 13	Correction of personal information	Take reasonable steps to correct if inaccurate, out-of-date, incomplete, irrelevant, or misleading

2024 Reform Amendments

Automated Decision-Making Transparency

Element	Detail
Scope	Organisations using personal information in substantially automated decisions that significantly affect individual rights or interests
Transparency obligation	Must provide meaningful information about the automated decision-making process including: the fact that an automated decision has been made, the types of personal information used, and how the decision was reached
Right to human review	Individuals may request human review of automated decisions that significantly affect them
Impact assessment	Organisations must assess the impact of automated decision-making systems on privacy before deployment
Record-keeping	Maintain records of automated decision-making systems, including the logic involved and data inputs

Children's Privacy Code

Element	Detail
Scope	Social media services, online platforms, and other services likely to be accessed by children
Definition of child	Under 18 years (aligned with the definition in the Online Safety Act 2021)
Best interests principle	The best interests of the child must be a primary consideration in all actions concerning children's personal information
Age assurance	Organisations must implement appropriate age assurance mechanisms
Restrictions	Prohibition on using children's personal information for targeted advertising; restrictions on profiling; data minimisation requirements specific to children
Code development	OAIC to develop and register the code; industry consultation required

Enhanced Individual Rights

Right	2024 Status	Detail
Right of access	Enhanced (APP 12)	Clarified scope; reduced grounds for refusal
Right to correction	Enhanced (APP 13)	Strengthened obligation to correct upon request
Right to erasure	New	Right to request deletion of personal information where it is no longer necessary for the purpose of collection, consent is withdrawn, or information was unlawfully collected
Right to de-identification	New	Alternative to erasure where deletion is impracticable
Right to object to direct marketing	Strengthened	Clearer opt-out obligations; unsubscribe must be actioned within 5 business days
Right to request explanation	New	Right to request explanation of how personal information was used in an automated decision

Statutory Tort for Serious Privacy Invasions

Element	Detail
Cause of action	Individual may bring proceedings for a serious invasion of privacy
Threshold	Invasion must be serious; court considers the nature of the privacy and the means of invasion
Remedies	Damages (including for emotional distress), injunctions, account of profits, apology orders
Limitation period	1 year from when the individual became aware (or ought to have become aware) of the invasion
Defence	The invasion was in the public interest

Strengthened Enforcement

Enhancement	Detail
Civil penalty increase	Maximum civil penalty increased to the greater of: AUD 50 million, three times the value of the benefit obtained, or 30% of adjusted turnover in the relevant period
Infringement notices	OAIC may issue infringement notices for specified contraventions
Enforceable undertakings	Strengthened regime for enforceable undertakings
Public interest determinations	Enhanced OAIC power to make public interest determinations

Cross-Border Disclosure (APP 8)

Requirements

Before disclosing personal information to an overseas recipient, the organisation must:

1. Take reasonable steps to ensure the overseas recipient does not breach the APPs (APP 8.1)
2. The organisation remains accountable for the overseas recipient's handling of the information
3. Exceptions: individual consent after being informed the APPs may not apply; required by Australian law; enforcement of criminal law; necessary to lessen a serious threat

2024 Enhancement

The reforms strengthen APP 8 by:

• Requiring organisations to maintain records of overseas disclosures
• Introducing a prescribed list of countries with substantially similar privacy protections (to be developed by the Attorney-General)
• Allowing transfer to prescribed countries without the APP 8.1 reasonable steps requirement

Zenith Global Enterprises Cross-Border Register

Transfer Flow	Destination	APP 8 Compliance	Mechanism
Customer data → EU HQ	Germany	Reasonable steps (contractual safeguards)	Data processing agreement with APP-equivalent obligations
Employee data → Regional HR	Singapore	Reasonable steps (contractual safeguards)	Intra-group data sharing agreement
Logistics data → APAC	Japan	Reasonable steps (contractual safeguards)	Service agreement with privacy schedule

Notifiable Data Breaches (Part IIIC)

Eligible Data Breach Criteria

A breach is eligible (notifiable) if:

1. Unauthorised access to, disclosure of, or loss of personal information
2. A reasonable person would conclude the breach is likely to result in serious harm to any individual

Notification Requirements

Element	Requirement
OAIC notification	As soon as practicable (not later than 30 days after the entity becomes aware)
Individual notification	As soon as practicable after preparing the statement
Statement content	Description of breach, information involved, recommended steps for individuals
Assessment period	30 days from reasonable grounds to suspect a breach

Enforcement Actions

OAIC v. Australian Information Commissioner v. Clearview AI (2021)

• Determined that Clearview AI breached APPs 2, 3, 5, and 10 by scraping Australians' biometric data from the internet
• Ordered to cease collection and destroy existing data
• Significance: Established OAIC jurisdiction over overseas entities processing Australian personal information

Australian Information Commissioner v. Facebook (Meta) (2022-ongoing)

• Civil penalty proceeding regarding Cambridge Analytica data sharing affecting Australian users
• Federal Court proceedings for breaches of APP 6 and APP 11
• Significance: Testing the enhanced civil penalty regime

Compliance Programme

Component	Detail
Privacy Officer (Australia)	Sarah Mitchell, Privacy and Compliance Lead — Sydney office
APP 1 privacy policy	Published at zenithglobal.com.au/privacy
APP 3 collection	Minimal collection; consent for sensitive information
APP 7 direct marketing	Opt-out mechanism; 5 business day unsubscribe processing
APP 8 cross-border	Contractual safeguards with all overseas recipients
APP 11 security	ISO 27001 certification; annual penetration testing
APP 12-13 access/correction	Privacy portal with 30-day response target
Part IIIC breach notification	30-day assessment + notification workflow
Automated decision-making	Impact assessment conducted for credit scoring; human review available
Children's code readiness	Monitoring OAIC code development; no direct child services