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Automated decision-making transparency in your privacy policy (APP 1.7–1.9)

From 10 December 2026, APP entities that use computer programs to make or substantially assist decisions that significantly affect individuals must say so in their APP privacy policy.

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Who must comply

APP entities (turnover over $3M, or within a s 6D(4) carve-out) whose computer programs make or substantially assist decisions that could significantly affect individuals.

What triggers it

Using personal information in a computer program that makes, or substantially and directly assists, a significant decision about an individual (credit, insurance, pricing, hiring, access to services).

When due

Privacy policy updated by 10 December 2026, then kept current whenever an automated decision process is added or changed.

Evidence required

Register of automated decision processes (what decision, which personal information, solely automated or assisted, significance assessment); updated APP privacy policy with the APP 1.8 statements; owner and review date for each process.

Max penalty

A breach of an APP is an interference with privacy, enforceable by the OAIC under the Privacy Act's general enforcement and civil penalty regime.

Effective from

10 December 2026

Who must comply with this? The applicability test by industry, business structure and size.

Summary

The Privacy and Other Legislation Amendment Act 2024 inserted APP 1.7–1.9. From 10 December 2026, APP 1.7 requires an APP entity to include the information in APP 1.8 in its APP privacy policy if (a) it has arranged for a computer program to make, or do a thing substantially and directly related to making, a decision, (b) the decision could reasonably be expected to significantly affect the rights or interests of an individual, and (c) personal information about the individual is used in the program's operation. APP 1.8 requires the policy to describe the kinds of personal information used and the kinds of decisions made solely by the program or substantially assisted by it. The OAIC's APP 1 guidelines (version 2.0, updated 30 September 2026) give examples such as differential pricing and limits on access to employment, and note that commercially sensitive information about the system need not be disclosed. The obligation applies only to APP entities — removal of the small business exemption is a separate, proposed reform and not law.

Enforced by

Source legislation

Topics

privacyaiadm

Related

Frequently asked questions

Who must comply with Automated decision-making transparency in your privacy policy (APP 1.7–1.9)?
APP entities (turnover over $3M, or within a s 6D(4) carve-out) whose computer programs make or substantially assist decisions that could significantly affect individuals.
What triggers Automated decision-making transparency in your privacy policy (APP 1.7–1.9)?
Using personal information in a computer program that makes, or substantially and directly assists, a significant decision about an individual (credit, insurance, pricing, hiring, access to services).
When is Automated decision-making transparency in your privacy policy (APP 1.7–1.9) due?
Privacy policy updated by 10 December 2026, then kept current whenever an automated decision process is added or changed.
What is the maximum penalty for Automated decision-making transparency in your privacy policy (APP 1.7–1.9)?
A breach of an APP is an interference with privacy, enforceable by the OAIC under the Privacy Act's general enforcement and civil penalty regime.
What evidence is required for Automated decision-making transparency in your privacy policy (APP 1.7–1.9)?
Register of automated decision processes (what decision, which personal information, solely automated or assisted, significance assessment); updated APP privacy policy with the APP 1.8 statements; owner and review date for each process.

Source: https://www.oaic.gov.au/privacy/australian-privacy-principles/australian-privacy-principles-guidelines/chapter-1-app-1-open-and-transparent-management-of-personal-information. Rules Mate is not a law firm. Always verify against the live regulator source before acting.