Woodkirk Stone
Under a new online privacy code announced on Monday, Australians under the age of 16 could be required to ask their parents or guardians to sign their use of social media platforms – including Reddit and even Zoom. The proposed law aims to protect children from social media companies and any platform for chatting.
The Privacy Law Amendment Bill 2021 (improving online privacy and other measures) (the Online Privacy Bill) will introduce a binding online privacy code for social media sites (and more). ‘others as well). It builds on the 33-year-old Privacy Act and would also introduce penalties and enforcement actions for non-compliance.
Introducing a new online privacy code
Under the proposal, the Privacy Act will be expanded with the introduction of an online privacy code. The code would apply to social media services, data brokerage services and large online platforms.
By definition, social media services include the obvious Facebook, Instagram and Twitter, but also dating apps like Bumble and Tinder, Reddit, OnlyFans, messaging / video services like WhatsApp and Zoom, and gaming platforms that allow chat functions.
Examples of data brokerage services include Quantium, Acxiom, Experian, and Nielsen Corporation.
And to be considered a “great online platform,” they must have over 2.5 million users in Australia (like Amazon.com.au).
What does the online privacy code involve?
The Online Privacy Code will act as an extension of the Privacy Act and a way to apply the so-called Australian Privacy Principles (APPs) to these other platforms.
The code would force social media platforms to verify someone’s age. This means that if they are under the age of 16, the consent of the parents or guardian must be obtained before collecting, using or disclosing personal information.
The online privacy code will also require organizations not to use or disclose an individual’s personal information if that individual requests that it not be shared.
The code will either be developed by the industry or by the commissioner (this will be determined after consultation) but the platforms or sites will have to register.
Application and sanctions under the code
The bill will increase the maximum civil penalty for serious and / or repeated invasion of privacy and will create a new notice of violation (and penal sanction) for lack of cooperation (and continual disrespect) with the commissioner appointed by the Australian government and the law
The maximum civil penalty for serious and repeated invasion of privacy will be 2,400 penalty units ($ 532,800 on current penalty unit values) for an individual and for an organization, the maximum penalty will be increased to $ 10 million or 10% of their annual turnover in Australia.
A little history
The government has been undertaking a review of the Privacy Act for a year now. In July, he revealed that work on the law had resulted in the exploration of other legislative instruments intended for social media companies operating in Australia.
This work, although under the Privacy Act, is separate and we can always expect further changes to the law which has been in place since 1988 and is not exactly up to par. ‘a TikTok and OnlyFans world.
The online privacy code is timely, especially since Facebook’s mission is to convince us all that Instagram is not harmful to children.
Attorney General Michaelia Cash said the legislation would ensure that the privacy of Australians is treated more carefully and transparently by online platforms such as social media companies.
“We know Australians are wary of the personal information they give to big tech companies. We ensure that their data and privacy is protected and treated with care. Our draft legislation means that these companies will be heavily punished if they fail to meet this standard, â€she said.
Once submissions to the code are received, further consultation will take place before a bill is (likely) passed by parliament.