Privacy Compliance: Why Marketers Must Act Now Before the OAIC Comes Knocking
Australian businesses are entering a new era of privacy regulation. The Office of the Australian Information Commissioner (OAIC), led by Privacy Commissioner Carly Kind, has sent a clear signal. Regulatory enforcement is not waiting for further legislative changes. It is already underway.
While many expected enforcement to ramp up only after tranche 2 of the Privacy and Other Legislation Amendment Act, Kind’s recent remarks change the narrative. She has confirmed that her office is moving ahead using existing powers under tranche 1.
Proactive Enforcement Has Begun
As Carly Kind put it, “We’re certainly not sitting around waiting for tranche 2.” This proactive stance highlights the OAIC’s readiness to enforce compliance using tools already in place. Businesses can no longer treat privacy as a secondary concern.
Tranche 1 Provides Teeth
Although the timeline for additional legislation is unclear, tranche 1 already gives the OAIC new investigative powers. These include the authority to initiate enforcement actions and seek judicial interpretations of ambiguous areas like “personal information” and “consent.”
This is particularly important for marketers, who often rely on data-driven strategies. Any misinterpretation could result in penalties, especially when personal information is involved.
De-Identification Is No Longer a Shield
Marketers have long assumed that using de-identified data protects them from privacy laws. However, Carly Kind has emphasized that if individuals are still “reasonably identifiable,” the law still applies. This raises the bar for data protection and usage.
Anna Johnston, Partner at Helios Salinger, reinforced this point. She noted that truly de-identifying data is more complex than many realise.
The Clock Is Ticking
Many organisations may have viewed the delay of tranche 2 as a pause button. However, that would be a mistake. The OAIC is fully empowered to act now. Thus, businesses should immediately resume or accelerate privacy initiatives.
Tracking Pixels Under Fire
One of the first areas the OAIC is investigating is the use of tracking pixels. These tools are integral to digital marketing but can also expose companies to risk. The OAIC is examining whether these technologies violate current laws, especially when sensitive data is involved.
Importantly, it is not the platform providers like Meta or Google that are under scrutiny. It is the website owners. If your business owns the website, you are responsible for all data collected through it.
Questions Marketers Must Ask
Marketers need to review the digital stack with urgency. How many tracking pixels are running on your site? Who placed them? What data are they collecting? Where is this data going?
If your team cannot answer these questions clearly, you may already be at risk.
End the Grey Areas
The OAIC’s enforcement strategy is not about penalising every error. Rather, it aims to eliminate ambiguity. The focus is on creating a clear and consistent data governance framework. That means moving privacy up the priority list.
Marketers must now partner more deeply with legal and compliance departments. Understanding the full data lifecycle is essential. From collection and consent to usage and deletion—everything must be monitored.
Embrace Privacy by Design
Campaigns should now start with privacy principles in mind. This is not just a legal safeguard but a trust-building measure. When consumers feel their data is secure, they engage more deeply and remain loyal.
Privacy training should also be mandatory for all marketing teams. Everyone must know the risks and responsibilities. This helps integrate compliance into the team’s daily operations.
Immediate Action Steps
Here’s what marketing and CX leaders should do right now:
- Conduct a Privacy Audit: Review all data collection points, both online and offline.
- Evaluate Consent Mechanisms: Ensure users are providing explicit, informed consent.
- Check Third-Party Tools: Scrutinise every tag, pixel, or API integrated into your platforms.
- Review Data Sharing Policies: Know exactly what data is being shared, with whom, and why.
- Build Cross-Functional Teams: Create privacy task forces with legal, tech, and marketing stakeholders.
- Document Everything: Keep records of compliance efforts to demonstrate due diligence.
No More Grace Periods
The message from the OAIC is clear: there is no grace period. Businesses that act now will be prepared. Those that don’t may face fines, reputational damage, and loss of customer trust.
Final Thought: Build Trust Through Compliance
In today’s digital landscape, privacy is more than a legal issue. It’s a CX imperative. Consumers demand transparency and protection. The companies that provide both will win in the long term.
Being privacy-compliant isn’t about fear. It’s about leadership, accountability, and building a sustainable customer relationship. When the OAIC comes knocking, make sure your house is in order.
Because by then, it will be too late to start cleaning up.
