Court AI practice notes
Privacy and FOI and AI: the Commonwealth
Office of the Australian Information Commissioner, Commonwealth.
About this rule
- Issuer
- Office of the Australian Information Commissioner
- Type
- Government guidance
- Date basis
- regime summary checked 10 Oct 2026
- Jurisdiction
- Commonwealth
Summary
Privacy Act 1988 (Cth) + APPs; Privacy and Other Legislation Amendment Act 2024. FOI: Freedom of Information Act 1982 (Cth). Applies to most private-sector entities over A$3m turnover and to all federal agencies; law firms handling client personal information are usually covered.
The OAIC has issued guidance on commercial AI products and on training generative AI. The 2024 amendments add automated-decision transparency in privacy policies (from 10 Dec 2026) and a statutory tort for serious invasions of privacy. Checked 2026-10-10.
Points recorded from the source
- Privacy Act 1988 (Cth) + APPs; Privacy and Other Legislation Amendment Act 2024
- FOI: Freedom of Information Act 1982 (Cth)
- OAIC: Privacy and commercially available AI products
- OAIC blog: training GenAI with personal information
Verify note
Statute names from official sources; how they apply to AI is a summary to verify.
Source
See it in the AI rules tracker by Australian court and bodyCommonwealth page