Policy Update

On November 30, 2023 Policy and Regulation

New Privacy and FOI commissioner appointments

The Government this week announced the appointments of Carly Kind as the new Privacy Commissioner (commencing 26 February 2024), and Elizabeth Tydd as the Freedom of Information Commissioner (commencing 19 February 2024).

The new appointees will join the current Information Commissioner Angelene Falk, returning the OAIC to a three-commissioner model, with standalone Privacy and Information Commissioners as well as an FOI Commissioner.

Announcement of Scams Framework Consultation

As part of Scams Awareness Week, this morning the Government announced a consultation process on the introduction of new mandatory industry codes for banks, digital communications platforms and telecommunications providers, which would require them to ‘prevent, detect, disrupt and respond to scams’.  

The Consultation Paper sets out a proposed Scams Code Framework including relevant definitions, obligations, information sharing requirements, complaints handling and dispute resolution, sector-specific codes, and approach to oversight, enforcement and non-compliance.  As set out in the paper, it is seeking feedback on:

  • the design, structure and scope of the proposed Framework
  • proposed obligations for regulated businesses to prevent, detect, disrupt and respond to scams, including in the sector‑specific codes
  • requirements for regulated businesses to develop and maintain an anti‑scam strategy
  • improving reporting and information sharing arrangements
  • establishing clear complaints handling and dispute resolution pathways for consumers, including redress where applicable for consumers when regulated businesses have breached the code
  • the role of the regulators that will monitor and enforce the Framework.

The consultation process is open until 29 January 2024.  We will have a close look at the paper in coming weeks, provide further advice to members as needed and consider putting together a response on behalf of IAB.

Launch of Digital Platform Regulators Forum website with two working papers

The Digital Platform Regulators Forum (made up of the ACCC, ACMA, eSafety Commissioner and OAIC) last week launched its website and published two working papers to mark the occasion.

The first provides a literature summary on the harms and risks of algorithms used in content moderation, recommender systems and targeted advertising, as well as regulatory initiatives to address these risks.

The second is an examination of large language models used in generative AI; how they work, potential impacts in regulated areas, recent Australian Government developments and regulatory challenges.

The Regulators note that the papers are intended to support their strategic priorities and consolidate their understanding of algorithms relevant to their work.