By: Leah Mooney, Kieran Doyle, Nicole Gabryk and Zane Jhetam

The Office of the Australian Information Commissioner (OAIC) has released new guidance to support compliance with the automated decision-making (ADM) transparency obligations introduced by the Privacy and Other Legislation Amendment Act 2024 (Cth).

The guidance provides practical insight into how APP entities should approach compliance with the new requirements – including worked examples of the disclosures expected in privacy policies and clarification of key concepts that determine whether an activity falls within scope.

Importantly, the obligation extends beyond artificial intelligence. Depending on the circumstances, a broad range of technologies and business processes may be captured, including bespoke software, algorithms and even spreadsheets.

The guidance reinforces that the most significant compliance challenge for many organisations will not be updating privacy policies, but identifying and assessing potentially in-scope systems and decision-making processes across the business.

Our team has prepared an overview of the guidance, key takeaways and practical next steps for organisations preparing for compliance.

Questions? Please contact our team to discuss what the new requirements could mean for your organisation.

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