Bethany Alvaro 
The Office of the Australian Information Commissioner (OAIC) has released the exposure, public draft of the Children’s Online Privacy Code, which puts the responsibility on online services (apps, games, and websites, for instance) rather than barring children from digital spaces.
The code is set up under a primary framework of keeping the best interests of children at the forefront of digital environments, which privacy commissioner Carly Kind said is the key responsibility of digital platforms.
“Children play, learn, socialise and connect with family and culture online – it’s important that children can participate without fear or exploitation,” Kind said.
“The code will give confidence to parents that the apps, games and websites their children use are taking steps to protect children’s privacy.”
Outlining a range of provisions, the code primarily targets online services to have clearer and more accessible ways of communicating what personal information is being stored and used for those under 18.
Key rules and regulations the code seeks to enact include providing young people with the ability to request the deletion of their information and old accounts, involving parents and guardians in the process of providing data consent, stronger restrictions on targeted marketing, and enforcement of accessible language use in terms and conditions/permission documents.
“It raises the standard for privacy protections in Australia and puts the onus on online services to do better when handling children’s personal information online,” Kind said.
Importantly, compared to the under-16s social media ban, the Children’s Online Privacy Code applies to all people under the age of 18 in any digital space or online service, not just social media apps like Instagram or TikTok.
The draft code has been largely welcomed by child advocacy bodies, as for many years they have been urging the government to take formal action against online services that directly target children’s data.
Estimates suggest that by the time a child turns 13, approximately 72 million pieces of their online data have been collected.
“By requiring platforms to prioritise the wellbeing of children over data-driven profits, we are finally seeing the systemic accountability that parents and educators have been demanding,” said Sarah Davies, CEO of the Alannah & Madeline Foundation.
“We welcome this code and call for clear penalties for non-compliance. We are eager to ensure that the regulator is fully resourced and has support to bring these protections to life.
“It’s no small task to change the way the tech industry handles children’s data, but with the rise of generative AI and other digital technologies, we cannot afford not to do it.”
As concerns about the use of children’s data for marketing, AI, and commodification grow, the drafted code is open to public feedback from parents and young people, as well as industry and academic organisations.
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