Response to the Privacy Act and inclusion of a Children’s Privacy Code

ChildFund Australia has commended legislation introduced to Parliament today by the Attorney General which seeks to strengthen protection for children through the first ever Children’s Privacy Code. The Code will be led by the Office of the Australian Information Commissioner signalling an end to the outdated co-regulation approach. These are significant and welcomed changes to improving online safety for children. The Office of the Australian Information Commissioner will also receive an additional $3 million over 3 years in funding to draft the code, ensuring a robust process. Currently, by the time a child turns 13, an estimated 72 million data points have been collected about them and. This reform offers greater protection of this precious data and significantly improves children’s online safety. It’s been 40 years since Australia updated these laws, and the digital world has since completely changed how children connect, grow, learn and play. ChildFund is encouraged the Government is taking steps to bring Australian standards in line with the best in the world. ChildFund Chief Executive Officer Margaret Sheehan highlighted numerous concerning ways tech companies can use children’s data. “Children’s data is collected and used in a number of concerning ways. What content they like, what they search for, how long they hover over a particular video and what they buy all adds up to shape the digital environment around them.” She went on to point out that the introduction of the Children’s Privacy Code is a strong first step in a raft of reforms that are needed to protect our kids online. “A strong, effective and appropriately resourced Children’s Code would put responsibility on digital platforms to handle data in ways that are in children’s best interests and act to prevent serious harm. It has the potential to protect them from the widespread collection, sharing, sale and use of their data and stop them from being targeted with ads or addictive designs. It can limit the delivery of harmful content through algorithms, offer children a high level of privacy protection by default, and increase transparency on data use.” ‘Co-regulation’ is an outdated process whereby digital platforms hold the pen on writing the very same rules that govern them. This has demonstrably weakened codes both here in Australia and internationally, and ChildFund welcomes a shift to ensure the Office of the Australian Information Commissioner, not Big Tech, write the children’s code. However, to be most effective consultation with children and young people must be mandated” “Rights respecting privacy protection for children can’t stop here. ChildFund Australia is urging the Government to commit to a second tranche of reforms in order to fully deliver on the goodwill and intent to keep children safe.” Critical changes that would uplift protection for children and their families that have been left out include changes to consent, consideration of children’s best interests through a fair and reasonable test and proposals to prohibit targeting to a child except when it’s in their best interests. “Lifting safety standards through Privacy Act reform and regulation, alongside rigorous, innovative and evidence-based education resources like ChildFund’s SwipeSafe, are key to a better and safer digital environment that respects children’s rights in the digital world,” concluded Ms Sheehan. MEDIA: Margaret Sheehan, ChildFund CEO, is available for interview.