Automated Decisions, Human Impact: Preparing for 2026

Kate Bower, Director, Privacy Reform Implementation, Office of the Australian Information Commissioner

Lizzie O'Shea, Founder, Chair, Digital Rights Watch

Frith Tweedie, AIGP, Principal and Director, Simply Privacy 

In the shadow of Robodebt, we know that automated decisions can cause broad, significant and long-lasting harm. The POLA Act 2024 introduced a new requirement for APP entities to include information in their privacy policy about automated decisions involving personal information that could be expected to “significantly affect the rights or interests of an individual.” On the surface, it seems a relatively straightforward obligation, yet it introduces both implementation challenges and ethical quandaries. In this panel, we will seek to answer how much automation constitutes an automated decision. Can personal information be tracked through automated decision systems, particularly where generative AI is at play, and how should we interpret the meaning of “significantly affects the rights or interests of an individual”? We will also discuss the connection between ADM and AI, the importance of strong AI governance and how this obligation aligns with regulation of AI locally and globally.
What you will learn:

• Awareness of new legal obligations for APP entities from the Privacy and Other Legislation Amendment Act 2024.
• Understanding of human rights in relation to use of automated decision making and AI.
• Practical steps companies should be taking to comply with the new obligation.
• Knowledge of the proposed timeline for implementation from the OAIC.