Australia Releases Draft Bill for Major Privacy Act Overhaul

The Parliament of Australia released draft legislation on Monday for the Privacy Amendment (Personal Data Protection) Bill 2026, initiating the second phase of a comprehensive overhaul of the Privacy Act. The bill introduces a world-first fair and reasonable test, which mandates that organizations ensure data collection and use are fair, regardless of whether a user provided explicit consent.

Under the proposed rules, large digital platforms with at least 2.5 million monthly Australian users or A$500 million in revenue must provide a right to be forgotten. The legislation expands the definitions of personal and sensitive information to include precise location-tracking and AI-generated inferences. It also establishes a 72-hour window for organizations to report data breaches.

Additional measures target wearable technology, such as smart glasses, by requiring consent for the creation of biometric templates. This draft follows a three-year review of the Privacy Act conducted by the Attorney General's Department, which issued over 100 proposals for change in 2023. The legislation is open for public comment until September 18, 2026.