Submission on the Exposure Draft of the Children’s Online Privacy Code 2026

Abstract

The submission responds to the Exposure Draft of the Privacy (Children’s Online Privacy) Code 2026. The draft Code represents a meaningful step towards protecting children’s privacy online, including the best interests test, privacy-by-default requirements, the consent framework, transparency requirements, and the right to destruction of personal information. In this submission, we address a number of areas that can be further strengthened in relation to the sale or commercial transfer of children’s personal information, accessibility requirements for children with disabilities, operation of consent practices, privacy by design, just-in-time requirements for handling personal information, privacy safeguards for age assurance systems, and definitions that are flexible and fit for purpose. To address these issues and strengthen the Code, we have made nine recommendations for consideration.