Automated decisions: what marketers need to do
New transparency obligations start on 10 December 2026. Marketing teams need to know which automated decisions affect customers, what data drives them and what their privacy policy must explain.
Advisory · #privacy
New transparency obligations start on 10 December 2026. Marketing teams need to know which automated decisions affect customers, what data drives them and what their privacy policy must explain.
In Marketing We Trust's submission on the draft Privacy Bill has been lodged. We are awaiting further advice from the Attorney-General's Department, with practical implications for digital marketing to follow.
The OAIC's APP 3 rewrite explicitly names AI inference, enrichment, scraping, and observation as collection events. The 'we didn't realise' defence has been retired.
The regulator has explicitly named advertising technology, AI, and excessive data collection as priority areas for 2025-26. The first compliance sweep is underway and the first civil penalty has been imposed.
The under-16 social media restriction is live, with access removed to about 4.7 million accounts. That changes audience planning, but accounts are not unique people or a direct measure of advertising reach.
The proposed second tranche of Privacy Act reforms would introduce a test that is separate from consent. Having consent will not be sufficient if the use fails the test. This is the single largest structural risk to performance marketing in Australia.
The first structural overhaul of the Privacy Act in decades is staging in through December 2026. Three changes matter directly to marketing and analytics teams.