The Office of the Privacy Commissioner has recently released updated guidance aimed at strengthening the protection of children’s privacy across various sectors. The initiative, part of the broader Children’s Privacy Project, responds to growing concerns about how children’s personal information is collected, used, and shared, particularly in digital environments.

While the Privacy Act applies to all individuals, the Commissioner has emphasised that children and young people require additional safeguards due to their vulnerability and limited capacity to understand the implications of data collection and use. The new guidance is intended to support organisations, educators, and caregivers in understanding and applying best practice privacy principles tailored to the needs of children.

A key component of the recent updates is the newly published Photography and Filming Guidance, which helps organisations navigate the ethical and legal considerations when capturing images or video of children. The guidance encourages organisations to seek informed consent and ensure children and their families understand how their images may be used. The guidance is particularly relevant for schools, early learning centres, and community organisations engaging with children in public or digital spaces.

The Commissioner’s office has also developed a suite of other resources to assist those working in the children’s sector. This includes a best practice guide on Responding to requests for a child’s personal information - accessible here. The guidance provides useful insights into when a parent, legal guardian or other caregiver is acting as a representative and what other laws might apply to requests made for children and young person’s information. 

The Commissioner has also indicated that detailed privacy guidance for education sector will be released later this year. This comprehensive resource will cover children’s privacy rights under the Privacy Act, data security, confidentiality, the responsible use of education technology and managing special categories of information. It will be applicable to all areas of the education sector, including early learning centres, primary and intermediate schools, colleges, and any organisation supporting student learning. To ensure the guidance is practical and relevant, the Commissioner has convened an expert advisory group comprising specialists from across the education sector. This group will support the development and rollout of the guidance, ensuring it reflects the realities of working with children in educational settings.

The overarching objectives of the Children’s Privacy Project are to:

• increase awareness of children’s privacy rights;
• provide best practice guidance to professionals working with children; and
• empower children and their families to exercise their privacy rights.

The recent guidance reinforces the importance of transparency, informed consent, and respectful handling of children’s personal information. Any organisations who collect or process personal information of children or young people are encouraged to review the guidance and consider how their current practices align with the Commissioner’s expectations. 

If you would like assistance in understanding the guidance in more detail and how it may impact your current data handling practices and policies, please contact one of our experts.