October 3, 2023


Making Business Taste Better

Data Privacy Laws for Digital Marketing

Data Privacy Laws for Digital Marketing

Data Privacy Laws for Digital Marketing


Like any other business today, digital marketing relies heavily on data. The more we can get to know customers and their interests, the better organisations can tailor content to meet their needs. But this needs to be done lawfully and in the customer’s interests – and with so many regulations and privacy concerns, businesses need to understand how to protect customers as well as appeal to them! Here’s a breakdown of the most important data privacy laws in Australia to ensure you’re putting your customers and clients first in every digital interaction.

Data privacy laws for key industries

Either due to the nature of the personal data the industry needs or the service they provide, certain sectors have different privacy laws. For example, the healthcare sector needs to gather, store, and utilise very sensitive medical and financial patient information, and this is governed by separate laws including the My Health Records Act of 2012, Health Records and Information Privacy Act of 2002, and Healthcare Identifiers Act of 2010.

Similarly, telecommunications providers are subject to stricter laws to protect users communicating through their services. Here, privacy is paramount, with the Telecommunications Act of 1997 and Telecommunications (Interception and Access) Act of 1979 keeping communications secure and private.

General data privacy laws by territory and state

New South Wales

The Privacy and Personal Information Protection Act of 1998 creates a foundation for how businesses, NPOs and other organisations are allowed to collect personal information, as well as who they can gather this information from. It also says that businesses must share any information they have on an individual if that individual requests access.


Victoria’s Privacy and Data Protection Act of 2014 is aimed at ensuring that the public sector collects and securely handles personal information. It also provides people with the ability to respond and fix the issue if their privacy is breached. This act created the role of the Privacy and Data Protection Deputy Commissioner to help enforce data privacy.

Australian Capital Territory

The Information Privacy Act of 2014 promotes the promotion of protecting the privacy of individuals in ACT. It also provides several checks and balances among individuals that secures personal privacy but also allows public sector agencies access to data to carry out their activities, and gives individuals the right to report privacy concerns.

Northern Territory

The Information Act of 2002 ensures transparency for all public sector organizations and individuals impacted by an organization’s rules and practices. It supports the privacy of individuals and allows people to request corrections to any data held as well as remediation if privacy is negatively impacted.


Queensland’s Information Privacy Act of 2009 outlines the right of individuals to have their personal information collected and managed under strict regulations. This also applies to how information is gathered, stored and used by government agencies.


In Tasmania, the Personal Information Protection of 2004 has strict regulations that explain when and how data may be collected from individuals, as well as how this information is disclosed and used – but it doesn’t apply to publicly available information.

Keep data gathering, storage, and use transparent, consensual, and responsible!

These laws sound intimidating and are there for a good reason, but if you’re unsure of how to keep utilising consumer data for marketing purposes, the best rule to follow is to treat their data the way you’d like your data to be treated. Always ask permission first, always be transparent with your data privacy policy and terms & conditions, and store that data securely so it can’t be compromised by cybersecurity threats.

If you’d like to get digital marketing advice, strategies, and ethical services, in line with regulations, and always put customer privacy first, chat to the team at Digital Freak in Melbourne. We’re specialists in keeping your marketing fresh, relevant, exciting – and consumer-privacy friendly!

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