Privacy Amendment (Personal Data Protection) Bill 2026
1 October 2026
On 21 September 2026, the Law Council provided a submission to the Attorney-General’s Department’s consultation on the exposure draft of the Privacy Amendment (Personal Data Protection) Bill 2026 (the draft Bill) and accompanying consultation paper.
The draft Bill proposes significant changes to the privacy regime including amendments to the definitions of personal information and disclosure; the introduction of a fair and reasonable test for the handling of personal information; changes to the notifiable data breaches scheme; the introduction of a right to erasure on large platforms; and the introduction of a distinction between controllers and processors. The consultation paper accompanying the draft Bill also outlined further proposed changes to the OAIC’s powers and efficiency measures and sought views on privacy issues arising from emerging technologies.
The Law Council expressed in-principle support for many of the proposed amendments but made overarching observations that there were several aspects of the draft Bill that require further clarification and additional guidance, in addition to the need for an appropriate transition period and sufficient resourcing for the Office of the Australian Information Commissioner (OAIC) to provide timely guidance to support compliance.
The Law Council also emphasised the importance of retaining a technology-neutral approach to emerging privacy risks and identified a number of existing and proposed mechanisms that could support this approach. Particular concerns were raised with respect to the allocation of responsibilities between controllers and processors, and aspects of the scope and operation of the proposed right to erasure. Concerns were also raised by the Law Council about the limited consultation period and constraints placed on submissions, with a request made for further targeted consultation on revised and additional draft provisions before the draft Bill is introduced into Parliament.
Last Updated on 30/09/2026