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IP, IT and Data Protection, International Litigation and Arbitration, APAC

When The Machine Decides: Is Your Privacy Policy Compliant With New Automated Decision-Making Transparency Requirements?

The Privacy and Other Legislation Amendment Act 2024 (Cth) introduced new requirements for businesses to be transparent about where they use automated decision-making (ADM), through new Australian Privacy Principles 1.7, 1.8 and 1.9. From 10 December 2026, if your business is covered by the Privacy Act 1988 (Cth) (Privacy Act) and uses a computer program to make, or help make, significant decisions about people using their personal information, your privacy policy may need to disclose this. The privacy regulator, the Office of the Australian Information Commissioner (OAIC), recently published new guidance around how businesses need to comply with these new ADM transparency obligations.

Authors:

Tim Clark, Partner tclark@piperalderman.com.au

Philip Chow, Special Counsel pchow@piperalderman.com.au

Jamin Li, Senior Associate jali@piperalderman.com.au

JD Hohmann, Associate jdhohmann@piperalderman.com.au