Everyone should be able to enjoy the benefits of using digital technologies to work, learn and play. This can happen when we have safe digital environments that enable people’s health and wellbeing rather than undermining it. However, harmful industries, such as the alcohol, gambling and unhealthy food industries currently access sophisticated technology and tools to aggressively target people online with marketing for their products.
Children need environments that are safe and support their wellbeing and this extends to digital spaces. However, children are currently subjected to pervasive data collection and profiling practices in digital environments, often without genuine consent or understanding. This includes the extensive use of children’s personal information by digital platforms and advertisers to deliver personalised advertising for products that can cause significant harm to health and wellbeing. The alcohol industry has been found to upload data about minors to ad-targeting platforms and to engage in direct marketing to children through social media. These practices are contrary to children’s best interests and have clear negative public health consequences, including earlier alcohol initiation and increased risk of long-term alcohol harm.
The Foundation for Alcohol Research and Education (FARE) welcomes the opportunity to provide input into the development of the Children’s Online Privacy Code. This submission focuses on the application of Australian Privacy Principles (APPs) 6 and 7 in the context of protecting children’s privacy online, particularly concerning the use of personal information for the targeted marketing of harmful and addictive products such as alcohol. Based on policy, research and public health evidence, FARE’s submission calls for a comprehensive regulatory approach to prevent digital harms and uphold children’s rights.
FARE submits that APP 6 must be strengthened to prohibit secondary uses of children’s personal information where these uses are not in the child’s best interests, regardless of whether the child has apparently provided consent. Profiling, targeting and tracking children for commercial gain must be clearly prohibited under the Children’s Online Privacy Code (the Code), with a presumption against any use or disclosure of personal information beyond what is strictly necessary to deliver a core service.
Under APP 7, FARE recommends an outright prohibition on the use or disclosure of children’s personal information for direct marketing purposes. The principle of ‘reasonable expectation’ must not be used to justify advertising to children. Even with opt-outs or parental controls, children remain vulnerable to exploitative targeting mechanisms, particularly when harmful industries use advanced algorithms and tactics to reach them. Children’s right to privacy must come before commercial interests. The Australian public is also concerned about companies collecting and using data to advertise harmful products to children and is supportive of policy action to prevent it. The development of a strong, enforceable Children’s Online Privacy Code is a crucial opportunity for Australia to establish clear protections for children in digital spaces and ensure that future generations grow up in environments that protect and nurture them, rather than compromise and sell off their health and wellbeing.
