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SN Assay · Australian Privacy Act, APP 1.8

Have you heard of APP 1.8 of the Privacy Act?

You've probably seen plenty about AI lately — chatbots, deepfakes, what the latest assistant can do. Very little of it has been about a change to Australia's own privacy law that starts on 10 December 2026, and it reaches more businesses than you might expect.

From that date, if a computer program uses personal information to make a decision about someone — or substantially and directly helps a person make it — and that decision could significantly affect them, your privacy policy has to say so. It doesn't matter whether you think of the program as AI. Rostering software, a recruitment tool that ranks applicants, a payment system that flags or blocks a customer, a CRM that scores leads: plenty of everyday business software does this, often switched on by default.

What is APP 1.8? read the OAIC's guidance →

APP 1.8 is part of the first Australian Privacy Principle, the one about being open with people about how you handle their information. Where your business uses computer programs in decisions like these, your privacy policy must describe three things:

It applies to decisions made from 10 December 2026. It is a duty to tell people, not a rule about how you make decisions: it does not ask you to stop using software, or to get anyone's consent.

A business whose privacy policy falls short of what the Act requires can face penalties of more than $50,000, and the regulator can issue an infringement notice without going to court.

Who does it apply to?

The Privacy Act covers businesses with an annual turnover of more than $3 million. It also covers some smaller businesses whatever their turnover — health service providers, businesses that trade in personal information, Commonwealth contractors and a few others. Most small businesses are not covered, which is exactly why the check below starts there.

Would you like a free check to see whether APP 1.8 applies to your business?

Seven questions, about a minute. Your answers are worked out on this page and are never sent to us or stored anywhere. We count only how many checks are run and their result (applies, might apply, doesn't apply). If you are not sure of an answer, choose "Not sure".

1. Is your business's annual turnover more than $3 million?

2. Do you provide a health service, and hold any health information about people?

For example a clinic, allied health, pharmacy, dental, aged care or NDIS services.

3. Do you buy or sell personal information, or get paid to collect it for someone else?

4. Are you a contractor to an Australian Government agency?

5. Is your business owned by, or does it own, a business with turnover over $3 million?

6. Are you a reporting entity under Australia's anti-money-laundering law?

For example some financial services, remittance, gambling, bullion and, under recent changes to that law, some real estate, legal and accounting services.

7. Have you chosen to be covered by the Privacy Act?

A small business can opt in. If you don't know, you almost certainly haven't — but "Not sure" is fine.