What Australia’s proposed online privacy code for children means for service providers
What Australia’s proposed online privacy code for children means for service providers
Publish Date: 2026-04-23 11:41:00
Source Domain: www.pinsentmasons.com
The consultation on the ’exposure draft’ of the code, which is accompanied by an explanatory statement, is being undertaken by the Office of the Australian Information Commissioner (OAIC). It follows extensive preliminary engagement with children, families, industry and civil society, and is aimed at responding to growing concern about the scale and sensitivity of personal information collected about children in digital environments. The consultation is open until 5 June 2026. The final code must be registered by 10 December 2026 – the same date that the new privacy-related automated decision making (ADM) disclosure obligations take effect.
To support the process, the OAIC has launched a dedicated online ‘Privacy for Kids’ hub, which brings together consultation materials, guidance and child‑facing resources intended to provide more accessible information and encourage engagement form all stakeholders.
Online service providers should use the consultation period to assess whether any of their services are likely to fall within the proposed scope of the code, to make submissions on any concerns they have about its impact, and to consider what uplifts to existing privacy governance settings may be required.
Legal status
The code is being developed under the amendments made in 2024 to the Privacy Act 1988 (Cth) by the Privacy (Online Services and Other Measures) Act 2024 (Cth), which mandates the Privacy Commissioner to develop and register a children’s online privacy code.
Once registered, the code will operate as a binding legislative instrument under the Privacy Act, specifying how online services that are subject to the code must comply with the obligations in the Australian Privacy Principles (APPs) and imposing child‑specific obligations. Importantly, APP codes may also apply to acts or practices that would otherwise be exempt from the Privacy Act, including exemptions to employee records and…
