Draft Children's Online Privacy Code

The Office of the Australian Information Commissioner released an exposure draft of the Children's Online Privacy Code on 31 March 2026 for a 60 day public consultation period, which closed in late May 2026. The Code is an Australian Privacy Principles code mandated by the Privacy and Other Legislation Amendment Act 2024, and will specify how online services likely to be accessed by children, or primarily concerned with children's activities, must comply with the Australian Privacy Principles.

The Code will apply to social media services, relevant electronic services and designated internet services as those terms are defined in the Online Safety Act 2021. Key provisions in the draft require entities to consider the best interests of the child before collecting, using or disclosing personal information, to obtain consent before using children's personal information for targeted advertising, and to enable children to request deletion of their personal information. The draft also contains notification requirements when a parent consents to collection on a child's behalf, and when other users track a child's geolocation.

A breach of the Code amounts to a breach of the Privacy Act and may carry civil penalties. The final Code must be registered by 10 December 2026. Written submissions on the exposure draft and explanatory statement have closed, and the OAIC is now considering those submissions before finalising the Code. Providers of apps, games, educational tools and websites likely to be accessed by children will need compliance arrangements in place before the Code takes effect.