The pro-consumer privacy lobby speaks - and why the Federal Government listens on privacy reform clampdowns for cleanrooms, hashed emails, geolocation, loyalty data trading and new definitions of personal information

Mi3 Audio Edition

There’s little contention today that the pro-consumer privacy lobby is winning the war over industry on privacy reform - they’re informed on industry techniques, loaded with compelling consumer research and aligned entirely on the need for a clampdown on the collection and use of an individual’s online data trail. Former NSW Deputy Privacy Commissioner and Salinger Privacy boss Anna Johnston and Choice Consumer Data Advocate, Kate Bower unpack what and why they expect a series of hard, industry-challenging privacy reforms to land in parliament next month - that’s less than six weeks away. Just how deeply the $25bn-plus marketing supply chain and tens of thousands of practitioners will be impacted will become clear as the reforms are tabled in Federal Parliament. Johnston and Bower think the updated Act will go harder than anywhere in the world. Hashed emails will be classified as personal information. Trading of geolocation data will be out. Trading of loyalty scheme data – the stuff that powers retail media and a vast targeting-attribution industry – will require companies to prove they have lawful consent to do so and they won’t be able to deny services to those that say no. But consent, says Johnston, is a very fragile thing – and companies might actually be best off concentrating on one of the legislation’s central tenets: Fair and reasonable use of data. In other words, says Choice’s Bower, does what you are doing with customer’s data pass “the privacy pub test?” If it does, meeting a very high consent threshold doesn’t apply. Right now, most are badly flunking the test. Johnston has a checklist for brands that likely have a 12-month compliance window to get houses in order. But ultimately, she says $50m fines are now in play and that “some product lines and business processes will have to stop … and frankly, that is the point of the reforms.” Cleanrooms, she suggests, may come under intense scrutiny.

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