Read The Times Australia

Daily Bulletin

This law makes it illegal for companies to collect third-party data to profile you. But they do anyway

  • Written by: Katharine Kemp, Senior Lecturer, Faculty of Law & Justice, UNSW, UNSW Sydney
This law makes it illegal for companies to collect third-party data to profile you. But they do anyway

A little-known provision of the Privacy Act makes it illegal for many companies in Australia to buy or exchange consumers’ personal data for profiling or targeting purposes. It’s almost never enforced. In a research paper published today, I argue that needs to change.

“Data enrichment” is the intrusive practice of companies going behind our backs to “fill in the gaps” of the information we provide.

When you purchase a product or service from a company, fill out an online form, or sign up for a newsletter, you might provide only the necessary data such as your name, email, delivery address and/or payment information.

That company may then turn to other retailers or data brokers to purchase or exchange extra data about you. This could include your age, family, health, habits and more.

This allows them to build a more detailed individual profile on you, which helps them predict your behaviour and more precisely target you with ads.

For almost ten years, there has been a law in Australia that makes this kind of data enrichment illegal if a company can “reasonably and practicably” request that information directly from the consumer. And at least one major data broker has asked the government to “remove” this law.

The burning question is: why is there not a single published case of this law being enforced against companies “enriching” customer data for profiling and targeting purposes?

Read more: It's time for third-party data brokers to emerge from the shadows

Data collection ‘only from the individual’

The relevant law is Australian Privacy Principle 3.6 and is part of the federal Privacy Act. It applies to most organisations that operate businesses with annual revenues higher than A$3 million, and smaller data businesses.

The law says such organisations:

must collect personal information about an individual only from the individual […] unless it is unreasonable or impracticable to do so.

This “direct collection rule” protects individuals’ privacy by allowing them some control over information collected about them, and avoiding a combination of data sources that could reveal sensitive information about their vulnerabilities.

But this rule has received almost no attention. There’s only one published determination of the federal privacy regulator on it, and that was against the Australian Defence Force in a different context.

According to Australian Privacy Principle 3.6, it’s only legal for an organisation to collect personal information from a third party if it would be “unreasonable or impracticable” to collect that information from the individual alone.

This exception was intended to apply to limited situations, such as when:

  • the individual is being investigated for some wrongdoing
  • the individual’s address needs to be updated for delivery of legal or official documents.

The exception shouldn’t apply simply because a company wants to collect extra information for profiling and targeting, but realises the customer would probably refuse to provide it.

Who’s bypassing customers for third-party data?

Aside from data brokers, companies also exchange information with each other about their respective customers to get extra information on customers’ lives. This is often referred to as “data matching” or “data partnerships”.

Companies tend to be very vague about who they share information with, and who they get information from. So we don’t know for certain who’s buying data-enrichment services from data brokers, or “matching” customer data.

Major companies such as Amazon Australia, eBay Australia, Meta (Facebook), 10Play Viacom and Twitter include terms in the fine print of their privacy policies that state they collect personal information from third parties, including demographic details and/or interests.

Google, News Corp, Seven, Nine and others also say they collect personal information from third parties, but are more vague about the nature of that information.

These privacy policies don’t explain why it would be unreasonable or impracticable to collect that information directly from customers.

Consumer ‘consent’ is not an exception

Some companies may try to justify going behind customers’ backs to collect data because there’s an obscure term in their privacy policy that mentions they collect personal information from third parties. Or because the company disclosing the data has a privacy policy term about sharing data with “trusted data partners”.

But even if this amounts to consumer “consent” under the relatively weak standards for consent in our current privacy law, this is not an exception to the direct collection rule.

The law allows a “consent” exception for government agencies under a separate part of the direct collection rule, but not for private organisations.

Data enrichment involves personal information

Many companies with third-party data collection terms in their privacy policies acknowledge this is personal information. But some may argue the collected data isn’t “personal information” under the Privacy Act, so the direct collection rule doesn’t apply.

Companies often exchange information about an individual without using the individual’s legal name or email. Instead they may use a unique advertising identifier for that individual, or “hash” the email address to turn it into a unique string of numbers and letters.

They essentially allocate a “code name” to the consumer. So the companies can exchange information that can be linked to the individual, yet say this information wasn’t connected to their actual name or email.

However, this information should still be treated as personal information because it can be linked back to the individual when combined with other information about them.

At least one major data broker is against it

Data broker Experian Australia has asked the government to “remove” Australian Privacy Principle 3.6 “altogether”. In its submission to the Privacy Act Review in January, Experian argued:

It is outdated and does not fit well with modern data uses.

Others who profit from data enrichment or data matching would probably agree, but prefer to let sleeping dogs lie.

A screenshot shows six different categories of consumer data offered by Experian.
On its website, Experian claims to offer a ‘combination of demographic, geographic, financial and market research data - both online and offline’. Screenshot/Experian

Experian argued the law favours large companies with direct access to lots of customers and opportunities to pool data collected from across their own corporate group. It said companies with access to fewer consumers and less data would be disadvantaged if they can’t purchase data from brokers.

But the fact that some digital platforms impose extensive personal data collection on customers supports the case for stronger privacy laws. It doesn’t mean there should be a data free-for-all.

Our privacy regulator should take action

It has been three years since the consumer watchdog recommended major reforms to our privacy laws to reduce the disadvantages consumers suffer from invasive data practices. These reforms are probably still years away, if they eventuate at all.

The direct collection rule is a very rare thing. It is an existing Australian privacy law that favours consumers. The privacy regulator should prioritise the enforcement of this law for the benefit of consumers.

Read more: Amazon just took over a primary healthcare company for a lot of money. Should we be worried?

Authors: Katharine Kemp, Senior Lecturer, Faculty of Law & Justice, UNSW, UNSW Sydney

Read more https://theconversation.com/this-law-makes-it-illegal-for-companies-to-collect-third-party-data-to-profile-you-but-they-do-anyway-190758

Business News

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

When Should You Speak to a Lawyer About a Legal Issue?

Legal issues can begin with a simple question, then become harder to manage once formal steps are involved. Many people wait until a matter feels urgent before seeking guidance, even though earlier ...

Daily Bulletin - avatar Daily Bulletin

The strategic rise of Bali as Australia’s next essential healthcare support hub

As Australian healthcare providers grapple with unprecedented operational bottlenecks, a new nearshore model is quietly transforming patient care delivery. Forward-thinking organisations,  including...

Daily Bulletin - avatar Daily Bulletin

Cost Savings and Benefits of Using Used Pallets in Logistics

In today’s competitive logistics and supply chain industry, businesses are constantly looking for ways to reduce operational costs without compromising efficiency and reliability. One of the most prac...

Daily Bulletin - avatar Daily Bulletin

How Fulfilment Services in Australia Help Businesses Scale Efficiently

The growth of e-commerce and modern retail has transformed customer expectations. Consumers now expect fast shipping, accurate order processing, and seamless delivery experiences regardless of where...

Daily Bulletin - avatar Daily Bulletin

Practical Ways Australian Workplaces Can Reduce Operating Costs

Reducing business costs doesn’t always mean cutting staff, shrinking services or making the workplace feel bare-bones. In many cases, the smarter savings are hiding in everyday operations: the light...

Daily Bulletin - avatar Daily Bulletin

Executive Recruitment Solutions That Help Organisations Secure Exceptional Leaders

Leadership has a direct impact on organisational performance, employee engagement, strategic growth, and long-term success. Businesses operating in increasingly competitive environments require experi...

Daily Bulletin - avatar Daily Bulletin

Why A WooCommerce Website Designer Matters For Online Growth

Running an online store today requires more than simply listing products and waiting for customers to arrive. Businesses need a website that is fast, reliable, easy to navigate, and designed to suppor...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Happens After You Lodge a BYDA Enquiry? The Step Most Excavation Projects Miss

Every excavation project in Australia — from a backyard deck footing to a multi-storey commercial bu...

How to Choose the Right Dentist on the Gold Coast

Finding a dentist you trust is one of those decisions that quietly affects your health for years, ...

The Hidden Engineering Problem Inside Australia's Older Housing Stock

A significant share of Australian homes were built for a way of living that no longer exists. Houses...

DIY Rodent Control Vs Professional Help: When Is It Time To Call The Experts?

Rodents are one of the most frustrating pest problems for Australian property owners. Rats and mic...

Lighting Shop in Perth: How The Right Lighting Can Transform Your Home And Business

The right lighting can completely change the look, feel, and functionality of any space. Whether it ...

Traffic Light System Solutions For Safer And More Efficient Traffic Management

Modern cities and growing communities rely heavily on effective traffic management to ensure safety...

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...