GDPR vs. Australia’s Privacy Act

When organizations think about global privacy compliance, GDPR often becomes the reference point.

However, outside Europe, other jurisdictions are steadily strengthening their privacy frameworks — and Australia’s Privacy Act 1988 is a very good example.

Recent reforms and ongoing legislative work show that Australia is moving closer to GDPR-style protections, while still maintaining its own regulatory philosophy and structure.

Australia’s Privacy Act

Australia’s Privacy Act 1988 is built around the Australian Privacy Principles, which govern:

➡️ collection,

➡️ use,

➡️ disclosure,

➡️ storage,

➡️ and security of personal information.

The APPs apply to:

➡️ most government agencies,

➡️ private sector organizations with annual turnover above AUD 3 million,

➡️ health service providers,

➡️ and certain smaller businesses by exception.

Unlike GDPR, the Australian model:

➡️ does not distinguish between controllers and processors,

➡️ places responsibility on any “APP entity” that handles personal information.

GDPR and APPs

Despite structural differences, the core principles are increasingly aligned:

Security

APP 11 requires organizations to implement reasonable technical and organizational measures to protect personal information, very similar to GDPR Article 32.

This means:

➡️ governance controls,

➡️ cybersecurity safeguards,

➡️ lifecycle management.

Transparency

APP 1 and APP 5 require:

➡️ open and transparent management of personal information,

➡️ clear privacy policies,

➡️ notification at the point of collection.

These obligations closely mirror GDPR Articles 12–14, although GDPR goes further in areas such as:

➡️ storage limitation,

➡️ automated decision,

➡️ enhanced individual rights.

Cross-Border Data Transfers

APP 8 introduces accountability for overseas disclosures of personal information.

Key Differences

Individual Rights

GDPR provides a broader and stronger set of rights, including:

➡️ right to erasure,

➡️ data portability,

➡️ restriction of processing.

Australia currently relies more on:

➡️ access and correction rights,

➡️ storage limitation obligations on organizations.

Exemptions

Australia still has:

➡️ a small business exemption,

➡️ an employee records exemption.

Enforcement

Australia has significantly increased penalties in recent years.

For serious privacy breaches, penalties can now reach:

➡️ AUD 50 million,

➡️ or 30% of adjusted turnover,

➡️ or three times the benefit obtained.

The evolution of Australia’s Privacy Act confirms a broader trend. While GDPR remains the most comprehensive privacy framework, other jurisdictions are moving steadily in the same direction.

Author: Sebastian Burgemejster