Why this matters.
The Privacy Act 1988 (Cth) and the Australian Privacy Principles (APPs) regulate how APP entities — Australian Government agencies and private sector organisations with annual turnover over A$3 million, plus certain other entities — collect, use, hold, and disclose personal information. The Privacy Legislation Amendment (Enhancing Online Privacy and Other Measures) Act 2021 introduced significant penalties: up to A$50 million per contravention for serious or repeated breaches (previously A$2.2 million). The Australian Information Commissioner (OAIC) actively investigates complaints and conducts assessments.
Significant Privacy Act reforms are underway following the Attorney-General’s Department review: proposals include expanding coverage to small businesses, introducing a direct right of action for individuals, and strengthening enforcement powers. Even under the current framework, the Notifiable Data Breaches (NDB) scheme requires APP entities to notify the OAIC and affected individuals when an eligible data breach is likely to cause serious harm. The 2022 Optus and Medibank breaches — affecting tens of millions of Australians — resulted in class actions, OAIC investigations, and regulatory reform.