CEO of ADMA, Andrea Martens says the implementation of the Privacy Act Amendments in Australia 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,” she said.
Upon the introduction of the Privacy Act Amendment Bill to Parliament, the Government is prioritising addressing harms to individuals, reflected in the prohibition of doxing, the introduction of a tort for the serious invasion of privacy, and directly addressing online safety for children.
Andrea Martens
While some of the proposals related to the foundational scope aspects of the Act are likely to be introduced at a later stage, the Association for Data-Driven Marketing and Advertising (ADMA) urges Australian businesses to stay focused and on track with its preparation for wider Privacy reform.
Sarla Fernando, director of regulatory and advocacy at ADMA says: “More transparency upfront about automated decision-making (ADM) 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 inclusion 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.”
The prioritisation of ADM amendments will require marketers to set out the types of personal information that will be used in substantially automated decisions which have significant impact on an individual.
See also: ‘Google cannot be relied upon:’ Industry reacts to third-party cookies backflip
Fernando adds: “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.”
While the introduction of the Bill may be seen as limited action on Privacy, ADMA states it acknowledges 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.
“Compliance is not just a legal obligation but an opportunity to demonstrate a commitment to ethical data practices that will benefit consumers and businesses alike,” said ADMA in a statement.
“ADMA looks forward to continuing to work with the government to ensure that the marketing industry’s voice is well-represented in the developments to come.”
CEO of IAB Australia, Gai Le Roy says IAB welcomes the Government’s announcement and will go through the Bill and explanatory memorandum to “carefully assess their impact on our industry.”
“However, we are pleased to see that the Government looks to be moving forward on these important reforms in a considered way,” she said.
“Privacy laws are fundamental to the functioning of our digital economy. IAB will continue to work constructively with Government to ensure that our laws are fit for purpose and so that industry can continue to meet consumer expectations to deliver freely available online content and services.”
Richard Knott, SVP APAC at InfoSum said: “There’s certainly an element of anticlimax that there will be further consultation on privacy law reforms related to advertising. However, it reflects the complex nature of the digital advertising industry.
Richard Knott
“It’s more important to get the right solution than a fast one. Nonetheless, the delay doesn’t change the fact that companies should embrace privacy-by-design strategies regardless of legislation. This means embracing the non-movement of data, data minimisation, and controlled access – as well as ensuring you can explain your policy in a way that consumers will understand.”
Chris Brinkworth, managing partner of Civic Data said the changes are “crucial” for safeguarding consumers as technology continues to evolve.
“The Attorney General’s department have clearly thought strategically on how to significantly reform unethical and risky privacy practices in the digital economy, while not rushing through wholesale reform just before an election,” he said.
Brinkworth stressed the urgent need for businesses to understand any technologies touching the customer data lifecycle comprehensively. Risks range from “basic, but risky tracking pixels” to the complexities of untrained staff ‘uploading vast spreadsheets of names and behaviours into social media advertising platforms’.
He also urged companies to adopt the ‘Fast Followers’ approach towards new legal standards, warning that “Slow Movers” could face penalties, operational disruptions, and a loss of customer trust within six months.
Niall Hogan, general manager JAPAC at GumGum said the country’s digital marketing landscape has always been known for its innovation, and the reform “gives us the chance to showcase what best practice looks like on the global stage.”
“In fact, these amendments could position Australia as a leader in privacy-conscious marketing. As I often say, this is an opportunity for the Australian digital market to set an example the rest of the world can emulate,” he said.
“The introduction of the ability for individuals to sue for privacy violations without needing to prove damage introduces a new legal risk for marketers. Advertisers and adtech companies must be vigilant in ensuring their data collection and targeting practices are not perceived as invasive.
Niall Hogan
“Even if no harm occurs, reckless invasions of privacy could lead to lawsuits. This shift underscores the need for greater caution when handling personal data.
“The new tiered penalties for data mishandling significantly raise the stakes for marketers. Even minor violations could now lead to fines, which means strict adherence to data protection standards is no longer optional—it’s essential. Marketers must proactively audit their data-handling processes and ensure compliance at all levels to avoid these broadened enforcement measures.
“With the Australian Information Commissioner gaining more authority, marketers must be more proactive than ever in safeguarding consumer data. The increased risk of public inquiries and significant fines calls for companies to regularly assess their data privacy practices.
“The criminalisation of doxxing is directly tied to the improper use of personal data to harass or menace individuals. Hence, advertisers and platforms need to ensure that personal data is handled securely and not misused.
“Any accidental or intentional sharing of personal data that leads to harassment could result in criminal charges. This change is likely to drive more stringent security protocols around personal data management in marketing campaigns.”