Children’s Online Privacy Code

The Australian Human Rights Commission has made a submission to the Office of the Australian Information Commissioner (OAIC) on the proposed Children’s Online Privacy Code (Code), which aims to strengthen privacy protections for children and young people online.

The Commission welcomes the development of the Code and has long advocated for stronger privacy protections for children. This submission outlines five key recommendations to ensure the Code is rights-respecting, inclusive and responsive to the realities of children’s digital lives.

Key recommendations

1. Best interests of the child must be central: The Code should embed the principle of the 'best interests of the child' as the primary test for all decisions affecting children’s privacy.
2. Broad definition of services accessed by children: The Code must recognise that children often access digital services not designed for them, including social media platforms.
3. Consider evolving capacity, not just age: The Code should move beyond age-based thresholds and consider children’s evolving capacities.
4. Provide age-based guidance to APP entities: The Code should offer clear, age-sensitive guidance to on how to meet children’s developmental needs and privacy rights at different stages of childhood and adolescence.
5. Privacy law reform must continue: The Code is only one part of the broader reform needed. The Commission calls on the Australian Government to set a clear timeline for implementing all agreed and agreed-in-principle amendments to the Privacy Act.

Why this matters

Children’s online privacy is about more than just data protection. It includes their right to autonomy, safety and participation in digital life. The Commission emphasises that:

• Children’s voices must be heard in shaping privacy protections.
• Overly protectionist approaches can harm children’s development.
• The Code must be futureproofed to address emerging technologies like generative AI.

The Commission supports the OAIC’s efforts and encourages ongoing consultation with children and young people, including those from diverse backgrounds and lived experiences.

Read the full submission to learn more.