Australia is set to overhaul its privacy regulations with significant changes to the Privacy Act 1988, following a review that began in 2020. The Attorney General, Hon Mark Dreyfus, announced in May 2024 that the legislation will be introduced later this year, aiming to bring the Privacy Act into alignment with modern privacy concerns and technologies.
These reforms will impose stricter obligations on how businesses collect, use and store personal data. For organisations, preparing for these reforms isn’t just about compliance – it’s also about safeguarding trust in a privacy-conscious world.
In part 1 of our Privacy Act series, we explained the upcoming reforms. Now, here’s a practical guide preparing for compliance.
1. Conduct a comprehensive privacy audit
The first step towards compliance is understanding your current privacy practices. Conduct a thorough audit to identify where your organisation currently stands and where changes are needed. This should involve:
- Assessing current data practices: Examine how your organisation collects, processes and stores personal data. Identify any weak points in your data protection protocols.
- Identifying compliance gaps: Compare your current privacy practices with both existing legislation and the anticipated reforms. Note any areas where your processes might fall short.
- Mapping data flows: Create a visual map of how data moves through your organisation. This helps pinpoint risk areas and enables you to tighten security where needed.
This audit will give you a baseline to build from, ensuring your preparation is targeted and efficient.
2. Update or develop new privacy policies and procedures
Now you have a clearer picture of data management practices, it’s time to revise your policies to align with the upcoming reforms. Make sure your privacy policies are clear, accessible and compliant with the new requirements. Key actions include:
- Revising privacy policies: Ensure your policies are concise and easy to understand, particularly when explaining how and why data is collected.
- Developing new procedures: Focus on areas like data consent and the right to erasure. The reforms will place greater emphasis on users’ control over their data.
- Ensuring accessibility: Your privacy policies must be easy to find and understand for both employees and customers. The clearer the language, the more likely your organisation will be viewed as transparent and trustworthy.
3. Strengthen consent mechanisms
Consent will play a bigger role in the new Privacy Act. Organisations must obtain clear and unambiguous consent from users before collecting their data. To align with this, you should:
- Redesign consent processes: Ensure consent is explicit, informed and not hidden in lengthy terms and conditions.
- Use active opt-in systems: Avoid pre-ticked boxes or implied consent, opting instead for clear, active consent mechanisms.
- Regularly update consent: Implement systems that ask users to renew their consent periodically or when data handling practices change.
4. Implement enhanced data protection measures
To comply with the upcoming reforms, it’s essential to bolster your data protection efforts. The Privacy Act places a high value on the security of personal information, so it’s crucial to:
- Improve data security: Strengthen your organisation’s technical safeguards, from encryption to multi-factor authentication, ensuring that personal data is secure.
- Minimise data collection: Only collect the personal information you need, and ensure unnecessary data is disposed of securely.
- Establish secure disposal protocols: Implement procedures to regularly delete or anonymise data that is no longer needed, especially if individuals request erasure.
5. Train and educate staff
Your organisation’s compliance is only as strong as your people’s understanding of privacy principles. Regular staff training will help ensure that data is handled appropriately across all departments:
- Provide role-specific training: Focus training on employees who handle personal data directly, making sure they understand the legal requirements and their responsibilities.
- Encourage ongoing education: Privacy regulations evolve, so it’s essential to keep your team informed about changes and updates to the law.
6. Monitor, audit and update regularly
The final step is to ensure compliance is an ongoing process. Privacy regulations will continue to evolve, and the organisation must stay vigilant to avoid falling behind. This involves:
- Continuous monitoring: Implement systems that continuously track and assess compliance with privacy requirements.
- Regular audits: Schedule regular audits to ensure practices remain compliant and to identify any new risks.
- Stay informed: Keep up with any additional changes to the Privacy Act and adjust your policies as necessary.
Prioritise data protection with Engage Hub
Navigating privacy reforms can be complex, but with the right approach, your organisation can stay ahead of the curve. Engage Hub’s all-in-one external attack surface management platform helps you monitor your assets and protect your organisation’s reputation.
With our AI-powered solutions, you’ll stay informed about your security posture, vulnerabilities, and data risks. Contact us to see how Engage Hub can help you maintain compliance – and protect your business and customers.