"By the time a child turns 13, there are 72 million pieces of data on them": Dan Richardson on Australia's Children's Online Privacy Code

"The OAIC ran a more thorough consultation than the industry has given it credit for. Three phases, 65-plus stakeholder engagements, drawing workbooks for six-year-olds, asking them to express what privacy means to them. The intent is serious and the process was legitimate. But a close reading of the exposure draft reveals something the consultation did not adequately surface. The Code is attempting to do the work of three separate regulatory instruments simultaneously. When you try to do three things at once in a single legislative instrument applied to the broadest possible scope of services, you risk doing none of them precisely enough."

"The first is Australia's own Social Media Minimum Age scheme. Part 4A of the Online Safety Act came into force in December 2025 and requires age-restricted platforms to take reasonable steps to prevent under-16s from having accounts. Its age assurance obligati"

"For practitioners operating across Australia's ad-funded open web, the exposure draft raises questions and the need for education. Dan Richardson brings over 15 years of experience in data-driven marketing, ad tech, and martech. He is currently working independently to review the proposed Code, submit feedback to the OAIC ahead of the June deadline, and document his experience and knowledge on his Substack. He is also a parent of young children who navigate the internet every day, which, as he puts it, makes it easier to put on your thinking cap."

The proposed Children’s Online Privacy Code is open for public consultation until 5 June 2026. The Office of the Australian Information Commissioner has developed the code through multiple consultation phases and extensive stakeholder engagement, including activities designed to elicit children’s views on privacy. Despite the consultation process, the exposure draft raises concerns for the industry because it attempts to cover multiple regulatory purposes within a single instrument. The code overlaps with Australia’s Social Media Minimum Age scheme under the Online Safety Act, which requires age-restricted platforms to take reasonable steps to prevent under-16s from creating accounts. The draft also creates additional compliance questions for services operating across Australia’s ad-funded open web, requiring practitioners to prepare and submit feedback before the deadline.

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