Clause · AI decision systems

Privacy policy clause on automated decisions (APP 1.7 to 1.9, from 10 December 2026)

Privacy policy wording describing the kinds of personal information used, and the kinds of significant decisions made solely or substantially and directly by computer programs, as APP entities must from 10 December 2026, with a short mapping guide and law-firm examples.

Kind
Clause. Wording to drop into a longer document.
Where it applies
Australia, United Kingdom (England and Wales), European Union
AI use
Yellow AI can help in set ways. A lawyer checks specific points before use.
Law stated as at
17 October 2026
Status
Maintained. Checked on 17 October 2026 against the 6 authorities it cites, for Australia, United Kingdom (England and Wales) and European Union.
Version
1
Source
Written for this library

When to use it

Use for the firm's own privacy policy and when advising clients that are APP entities. Complete the mapping in Part A first: the clause must describe what the entity actually does. If no in-scope decisions are made, the clause is optional.

How AI may be used

AI can draft the clause from a completed decision map and check it against APP 1.8, but identifying which decisions are in scope (the mapping task) is lawyer-led.

AI may

  • Turn the completed decision map into draft clause wording in plain English.
  • Check the draft covers each APP 1.8 element and is consistent with the collection notices.
  • List systems in the firm's AI tools register that may need to be mapped.

AI must not

  • Must not decide which decisions significantly affect individuals or are "substantially and directly related" to a decision.
  • Must not describe systems or decision types that have not been confirmed with their owners.
  • Must not publish the privacy policy.

The lawyer checks

  • The decision map has been completed with system owners and reviewed by a lawyer.
  • The clause describes kinds of information and decisions accurately and in plain language.
  • The clause is published by 10 December 2026 and diarised for review when systems change.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Official form

Open the official form. Always use the current version from the issuer.

Read the full text

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