‘This is an important day for the Australian marketing industry’: ADMA applauds Privacy Act amendment

Nathan Jolly

September 12, 2024 10:42

‘This is an important day for the Australian marketing industry’: ADMA applauds Privacy Act amendment

An amendment to the Privacy Act being introduced into Parliament this morning has been welcomed by the Association for Data-Driven Marketing and Advertising, who call today “an important day for the Australian marketing industry”, while acknowledging the “slimmed down” nature of the Bill.

The ADMA applauded the government for the prohibition of doxing, the introduction of a tort for the serious invasion of privacy, and directly addressing online safety for children, acknowledging the Government’s “willingness to move forward while also continuing to consult key stakeholders on the proposals that will have an impact on business operations.”

ADMA said it is “committed to an outcome which “champions better data practices but does not unnecessarily inhibit good business practices”, they said in a statement.

“This is an important day for the Australian marketing industry,” Andrea Martens, CEO of ADMA said.

“While this is a slimmed down version of the Bill we may have been expecting after the Government Response in September 2023, this is the beginning of reform legislation which will most likely transform our industry.

“ADMA welcomes the opportunity these changes bring to strengthen consumer trust within our industry and reinforce marketers’ commitment to best practices in data management”

Sarla Fernando, Director of Regulatory and Advocacy at ADMA says: “More transparency upfront about automated decision-making is in line with ADMA’s approach to getting marketers to rethink their collection use, disclosure, and management of data earlier in their campaign strategy and thinking.

“The inclusions of these proposals in this first stage of privacy reform is consistent with data minimisation, which is core to best practice in data management and handling. This is ultimately what our customers are expecting.

“In order to have transparent upfront notices about ADM, marketers will need to think about what data they are collecting, the categories that data falls into, whether it is necessary for the purpose collected and how the business may use it in the future.

“This can’t be done without also preparing for a broader definition of personal information, which we still expect to see in stage two of the reform in order for the Privacy Act to be fit for purpose.”

ADMA says it will “continue to prepare businesses to take immediate action to align their practices with the anticipated requirements of the full reform and is here to provide the guidance and support needed to navigate the new legal landscape effectively”, calling compliance “not just a legal obligation but an opportunity to demonstrate a commitment to ethical data practices that will benefit consumers and businesses alike.”

UNICEF Australia has also welcomed the introduction of the first-ever Children’s Online Privacy Code, with an additional $3 million over three years for its development.

Katie Maskiell, head of policy and advocacy at UNICEF Australia, said “The need for a specific code to protect children and their online identities has become increasingly urgent – so today we are thrilled that our calls have been heard and that this important step has been taken.

“We know that data is the currency of the online world, and children’s data – where it’s collected, traded and sold on mass scales – is considered big business. This code will ensure children’s data is only collected and used in a way that serves their best interests and will provide them with the protections they are entitled to.

“It will hold tech companies accountable, ensuring they are transparent with how they use children’s data, and that terms and conditions of apps are clear and straightforward. An overhaul is necessary and has been long-awaited – 35 years in the making – as old privacy legislation simply hasn’t kept up with the times.

“Today’s decision will set the foundation for years to come – and together with industry stakeholders, our supporting communities and each and every family – we can all take that one step closer to making Australia the safest place in the world for children to go online.”