Exposure Draft of the Privacy (Children’s Online Privacy) Code 2026

ACCAN recently submitted to the Office of the Australian Information Commissioner’s consultation on the exposure draft of the Privacy (Children’s Online Privacy) Code 2026 (the draft Code). ACCAN supports the objectives of the draft Code, which seeks to strengthen protections for children and young people online. 

This submission recommends the Office of the Australian Information Commissioner:

1. Specify that artificial intelligence systems and services that collect or process children’s data are explicitly included, with clear definitions and coverage in both the draft Code and Explanatory Statement.

2. Ensure all default privacy settings for children are set to “high-privacy” as a non-waivable minimum standard.

3. Raise the minimum age for independent consent to the collection, use, or disclosure of personal information to 16 years, aligning with the Online Safety Act 2021 (Cth).

4. Introduce a risk-based verification framework for parental or guardian consent, specifying stronger forms of verification for higher-risk data practices.

5. Prohibit the use of manipulative nudge techniques, dark patterns, or deceptive design practices in connection with children’s personal information.