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Data Privacy
Technology
Consumer Protection

Australia Privacy Act Reform Bill Introduces Right to Erasure and Children's Privacy Code

Australian Securities and Investments Commission
Australia
Published Sep 1, 2025

Summary

The Australian government introduced the Privacy and Other Legislation Amendment Bill in 2025, implementing key recommendations from the 2022 Attorney-General's review of the Privacy Act 1988. The bill introduces a statutory tort for serious invasions of privacy, a right to erasure (similar to GDPR's right to be forgotten), a Children's Online Privacy Code, and enhanced enforcement powers for the OAIC. The right to erasure and children's privacy provisions attracted the most industry attention, with compliance obligations expected to take effect in 2026.

Key Changes

  • Statutory tort for serious invasions of privacy introduced
  • Right to erasure (right to be forgotten) established
  • Children's Online Privacy Code with enhanced protections for minors
  • OAIC enforcement powers strengthened with higher penalty thresholds
  • Small business exemption under review for potential narrowing
  • Expanded definition of personal information to include technical identifiers

Affected Industries

Technology
Financial Services
Healthcare
Retail
Social Media
Data Brokers

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