Data Privacy Framework changes and the Impact on Data Governance

Join us as we discuss the recent changes to Australia's data privacy framework and the impact on Data Governance. The reforms are aimed at enhancing the protection of personal information and stem from the Privacy and Other Legislation Amendment Act 2024, which received Royal Assent on December 10, 2024, and will come into effect in stages, with some provisions effective by June 10, 2025.
## Key Changes

• Expanded Scope: The Privacy Act now covers more business activities, including overseas companies that operate in Australia, aligning it with global standards like the EU's GDPR.
• Stricter Consent and Notice Rules: Organisations must ensure that consent for data handling is informed, voluntary, specific, and easily withdrawn. This includes greater transparency in automated decision-making processes.
• New Statutory Tort: A statutory tort for serious invasions of privacy has been introduced. This allows individuals to take legal action for serious privacy violations without needing to prove damages.
• Increased Individual Rights: Individuals now have enhanced rights, including the right to request deletion of their personal information and the ability to de-index search engine results.
• Strengthened Enforcement Powers: The Office of the Australian Information Commissioner (OAIC) has received enhanced powers to investigate breaches and enforce compliance, including the ability to issue compliance notices and impose civil penalties for non-compliance.
• High-Risk Activities: Businesses engaging in high-risk data activities are required to conduct Privacy Impact Assessments (PIAs) to identify potential privacy risks.
• Criminal Offenses: New criminal offences have been introduced, including a prohibition on "doxxing," which involves sharing personal information with malicious intent. Violators may face up to seven years in prison.
• Broader Fairness Standards: Organisations must ensure that their data collection and usage practices are fair and reasonable, even when consent is provided