The Association for Data-Driven Marketing and Advertising (ADMA) has shared its response to the Privacy Act Review.
The body for data-driven advertising has expressed its support and welcomes the Attorney-General Department’s (AGD) approach to progressing reform in a submission in response to the Report.
ADMA’s general position is that it has endorsed the deliberate and consultative approach in most proposals in the Report.
Some proposals have been accepted, while others have been highlighted as requiring minor amendments. However, there are proposals that need further consideration and consultation in the industry.
Among some of ADMA’s responses to the report and areas of concern include proposed new definitions for direct marketing, targeting and trading as they are too broad and allowing people to opt-out of targeted advertising.
The report also noted that not everything can be regulated under The Privacy Act, and that the Australian Consumer Law will be more suitable to address competitive and consumer harms.
A spokesperson for ADMA said shares the Government’s desire to protect consumers from harm.
“No responsible marketer wants data-driven marketing used in a way that endangers people, contributes towards discrimination, causes harm to children, or sees the most vulnerable in our society made worse off.
“Use of data in responsible marketing is compatible with a safe, fair, sustainable and prosperous economic future of Australia. Consumer protection and data privacy must operate in tandem in a data-driven society. As we envisage a new regime for “privacy” and “privacy control”, we should focus upon data ‘abuse’, not data ‘use’.”
ADMA noted that they and their members have pointed out the Report fails to recognise that bad actors operate outside the law.
“The use of broad definitions may be an attempt to cast a wide net that may encapsulate activity that has no regard for the law, however this approach risks just creating barriers for businesses to access consumer markets across emerging digital platforms. Small and medium size businesses (SMEs) will be especially impacted.
“SMEs are at the crossroads of a difficult path to recovery after a pandemic that saw them lean into digital solutions that leverage data to keep their heads above water. They would now face a further deluge of compliance activities and associated regulatory burden.
“This would adversely affect the ability of SMEs to engage in the digital economy and to compete with more established and global entities, negatively impacting consumers through increased prices, reduced choice and restriction of access to products and services.”
ADMA noted that in their discussions with various industry sectors, it was highlighted that sector specific regulation may be easy to implement on its own. However when trying to balance other compliance requirements, difficulties may arise.
“For example, financial services members gave real-life examples of situations where they try to balance Know Your Customer (KYC) requirements and other financial industry regulations from a tax, compliance, data retention, and security perspective.
ADMA noted a genuine fear in the Review is that a revised privacy statute will add complex layers of conflict and increase anxiety around ensuring companies are in full compliance across the various legislation, industry codes, best practice requirements and more.
“Digital marketers and compliance personnel are endeavouring to comply with multiple, disparate and rapidly evolving statutes and delegated regulation, including many new industry codes and standards. The burden upon APP entities particularly impacts and disadvantages SMEs.
“Regulatory complexity, and myriad interactions and possible inconsistencies across regimes, needs to be recognised and mitigated wherever reasonably practicable. More consultation, now, will better inform a fit for purpose Act.”