Peter A Clarke

Today the Attorney General released an Exposure Draft of the Privacy Amendment (Personal Data Protection) bill 2026 and a Consultation Paper.  The Government has set a very narrow window for submissions, a little under 3 weeks.  Consultations close on 18 September 2026.

The Bill focuses on tightening definitions and providing more specific Australian Privacy Principles in certain areas, such as direct marketing and data security.  It also strengthens the obligations under the Data Breach Notification provisions which were not very effective.

The exposure draft Privacy Amendment (Personal Data Protection) Bill 2026 and accompanying consultation paper contains around 40 proposals.  Some are taken from the Attorney General’s Privacy Act Review Report (2023). Other proposals are framed to to address emerging technologies.

Interestingly the consultation  seeks views on emerging technologies such as smart glasses and connected vehicles.

Under the proposed amendments the attempt is to:

• increase accountability across the personal information lifecycle
• impose stronger data security obligations
• impose data minimisation
• have a more effective data breach response structure including notifying the Privacy Commissioner within 72 hours
• impose a simplified principles-based framework for handling personal information,
• impose a more coherent consent obligations
• impose stricter requirements for direct marketing regime.
• a right to erasure for personal information held by large digital platforms

The Bill does not give individuals any greater rights to take action to protect their privacy.

It is a very technocratic Bill and a very small step in the long process of privacy reform.  In that regard it is disappointing.

There is a very long way to go.

The Attorney General’s media statement provides:

Today, the Albanese Government has released a consultation paper and draft legislation to modernise and strengthen Australia’s privacy laws for the digital age. The reforms will bolster privacy protections for Australians and help tackle emerging risks from new technologies including Artificial Intelligence, and wearable devices such as smart glasses.

Australians are also facing growing risks from data breaches, identity theft and scams. The misuse of personal information can disproportionately harm vulnerable Australians and, at scale, pose national security risks. AI-powered tools and devices, such as those used in connected vehicles which continuously collect and process personal information, are amplifying these risks.

Stronger privacy protections help Australians stay in control of their personal information, make informed choices, participate in society with greater certainty about how their information is used, and better protect our country. This will be achieved through a range of key initiatives, including:

• • a fair and reasonable test, so companies can no longer justify collecting more information than they need or using it for purposes Australians would never expect.
  • a right to erasure, allowing individuals to request destroying personal information from large digital platforms like social media and search platforms.
  • stronger, more meaningful standards for consent, to ensure Australians are making an informed choice about the information they share, without hidden terms, or take-it-or-leave-it conditions.
  • measures to stop businesses from trading in personal information without clear permission, meaning shopping habits, online interests or location data cannot be bought and sold behind Australians’ backs.

The reforms will also provide greater regulatory clarity and improve the efficiency of the privacy regulator, the Office of the Australian Information Commissioner.

These measures have been developed following extensive consultation including feedback received through the Privacy Act Review and the 2024 reforms to the Privacy Act, with the Government now seeking views on how the reforms might operate in practice.

The overview of the Consultation provides:

The Australian Government has released a Consultation Paper and Exposure Draft legislation to modernise and strengthen Australia’s privacy laws for the digital age. The reforms will bolster privacy protections for Australians and help tackle emerging risks from new technologies, including artificial intelligence and wearable devices such as smart glasses.

The measures in the Exposure Draft Bill are designed to better protect Australians while supporting innovation and providing greater certainty for regulated entities.

Stronger privacy protections help Australians stay in control of their personal information, make informed choices and participate in society with greater certainty about how their information is used.

This Bill has been developed in response to feedback received during extensive consultation over several years. This includes feedback received through the Privacy Act Review process and the 2024 reforms to the Privacy Act, with about 900 written submissions received across the process. The Bill remains subject to further consideration by government.