The Australian government is planning to introduce stricter privacy laws to protect citizens and small businesses. The proposed reforms aim to address concerns about the acceptance of lengthy privacy policies without thorough review and the manipulation of users into granting excessive permissions.
Under the new laws, safeguards against dark patterns would be implemented to prevent the manipulation of users. The reforms also include the potential introduction of a right for Australians to have their personal data erased, a ban on targeted marketing based on sensitive information, and enhanced privacy protections for children.
Small businesses may no longer enjoy exemptions from privacy obligations, potentially necessitating increased investments in data security and mandatory consumer notification in case of a data breach. While some applaud these reforms, others express concerns about the additional burden they may place on small businesses.
The government is also exploring expanding personal data protections to include online identifiers such as IP addresses and cookies. Additionally, there is consideration of introducing a right to be forgotten, allowing individuals to request the removal of certain search engine results associated with their names.
While there is support for ensuring public confidence in privacy and data handling, concerns are raised about potential over-regulation and its impact on innovation and costs for businesses. The introduction of a Data Protection Officer requirement and a Data Impact Statement also raises concerns about increased regulatory burden.
The national employer association Ai Group advocates for Data Stewardship principles, emphasizing the responsibilities of businesses in managing data. They call for extensive consultation to prevent regulatory overreach.
The Australian Small Business and Family Enterprise Ombudsman supports the removal of privacy exemptions for small businesses but highlights the need for appropriately scaled and clear regulations. They stress the importance of providing guidance and support to help small businesses meet privacy obligations.
It is important to strike a balance between privacy protection and the practicality of implementation for businesses. Clear guidance, procedural templates, and relevant support packages can aid small businesses in protecting personal information while considering other important reforms.
The proposed privacy reforms are expected to be introduced into parliament in 2024.
