Last Updated on 22/08/2025 by Damin Murdock
As digital technologies evolve, so do the legal obligations surrounding how organisations collect and use personal information, especially when it comes to user tracking technologies like cookies and analytics tools. In Australia, both public sector agencies and private entities must adhere to strict privacy compliance requirements that govern the use of these technologies. This article outlines key compliance obligations, implementation measures, and best practices for lawful use of tracking technologies in Australia.
Key Compliance Pillars: Notice, Consent, and Safeguards
1. Notice Requirements
Organisations are required to provide clear, upfront notice to individuals when tracking technologies are in use. This notice must include:
- The purpose of collecting user information
- How the data will be used
- Whether and to whom it will be disclosed
Furthermore, data collection must be carried out in a fair and lawful manner, avoiding unreasonable intrusion into users’ privacy rights.
2. Consent and Collection Practices
Consent plays a critical role, especially when deviating from standard data practices. Specifically:
- Express consent is required for combining data from different sources.
- Collection practices must be supported by organisational safeguards, including internal training and staff awareness, administrative controls and internal audits, deployment of technical security measures.
3. Technical Implementation and Cookie Use
When deploying technologies such as advertising or analytics cookies, organisations must ensure:
- Data is stored on a pseudonymous basis, where direct identification is limited.
- A clear distinction is made between personal and non-personal tracking.
- Specific consent is obtained when tracking activities are linked to identifiable user accounts.
The Australian legal position reinforces that combining user tracking data with other datasets elevates the risk of privacy breaches unless properly consented to and documented.
Monitoring, Documentation, and Review
1. Ongoing Monitoring Obligations
For government agencies, regular compliance monitoring is mandatory under the Privacy (Australian Government Agencies – Governance) APP Code 2017 (Cth). Private sector entities are also encouraged to adopt ongoing review processes to ensure their practices remain aligned with evolving standards.
2. Required Documentation
Organisations should maintain:
- Up-to-date privacy policies (required under APP 1).
- Privacy notices tailored to specific tracking use cases (APP 5).
- Internal procedures outlining when and how tracking occurs.
Documentation should also include justifications for data collection, identification methods, and evidence of compliance with relevant industry standards.
Important Legal and Strategic Considerations
Jurisdictional Scope
Privacy obligations differ across sectors and jurisdictions. For example:
- Public agencies face additional obligations under the Privacy (Australian Government Agencies – Governance) APP Code.
- Industry-specific codes like the Privacy (Market and Social Research) Code 2021 (Cth) may apply in certain contexts.
Risk Management
Organisations are encouraged to conduct privacy impact assessments (PIAs) and implement systematic updates to their privacy programs. A proactive approach mitigates potential enforcement action and strengthens user trust.
Legal Exemptions and Limitations
Certain exemptions apply to tracking-related data collection, such as:
- Use for law enforcement or public safety purposes.
- Situations where compliance would prejudice the interests of individuals.
- Where another law provides alternative authorisation.
These exemptions, however, are narrow and must be carefully interpreted before being relied upon.
Best Practice Recommendations
To comply with Australian privacy laws and minimise legal risk, organisations should:
- Conduct regular privacy audits of tracking technologies.
- Maintain detailed privacy documentation and logs.
- Provide clear user controls (e.g., cookie banners, preference centres).
- Deliver ongoing staff training on privacy responsibilities and data ethics.
Final Thoughts
Privacy compliance for user tracking technologies in Australia is complex and multifaceted, requiring a combination of transparent communication, explicit user consent, and robust technical and administrative safeguards. As data-driven strategies become more integral to business operations, so too does the obligation to implement privacy practices that are both lawful and ethical.
Feel free to contact Damin Murdock at Leo Lawyers via our website, on (02) 8201 0051 or at office@leolawyers.com.au. Further, if you liked this article, please subscribe to our newsletter via our Website, and subscribe to our YouTube , LinkedIn, Facebook and Instagram. If you liked this article or video, please also give us a favourable Google Review.
DISCLAIMER: This is not legal advice and is general information only. You should not rely upon the information contained in this article and if you require specific legal advice, please contact us.
Damin Murdock (J.D | LL.M | BACS - Finance) is a seasoned commercial lawyer with over 17 years of experience, recognised as a trusted legal advisor and courtroom advocate who has built a formidable reputation for delivering strategic legal solutions across corporate, commercial, construction, and technology law. He has held senior leadership positions, including director of a national Australian law firm, principal lawyer of MurdockCheng Legal Practice, and Chief Legal Officer of Lawpath, Australia's largest legal technology platform. Throughout his career, Damin has personally advised more than 2,000 startups and SMEs, earning over 300 five-star reviews from satisfied clients who value his clear communication, commercial pragmatism, and in-depth legal knowledge. As an established legal thought leader, he has hosted over 100 webinars and legal videos that have attracted tens of thousands of views, reinforcing his trusted authority in both legal and business communities."
