Protecting children’s digital rights: understanding Australia’s new children’s online privacy code

Australia’s draft Children’s Online Privacy Code signals a significant shift in how children’s personal information is handled online, with important implications for the early childhood education and care sector.

Australia is entering a new phase of child-centred digital regulation, with the Office of the Australian Information Commissioner (OAIC) releasing the draft Children’s Online Privacy Code on 31 March 2026. The Code forms part of the Privacy and Other Legislation Amendment (POLA) Act 2024 and establishes stronger safeguards for individuals under 18.

For the early childhood education and care (ECEC) sector, the Code highlights growing expectations around how digital environments support children’s safety, privacy and rights.

Children are engaging with digital technologies earlier and more frequently, often without a clear understanding of how personal information is collected, used or shared.

Online services routinely collect data such as names, images, location information and behavioural activity. The OAIC notes that children may accumulate extensive digital profiles over time, often without meaningful consent or awareness.

The draft Code seeks to:

• embed child-centred privacy practices in digital services
• improve transparency around data collection and use
• strengthen control for children, parents and carers
• reduce risks linked to profiling, targeted advertising and opaque data practices

Importantly, the Code focuses on protection rather than restriction, supporting children’s participation in digital environments while strengthening safeguards.

The draft Code applies to services likely to be accessed by children, including:

• social media platforms
• online games
• apps and websites
• digital learning tools

It covers a broad definition of personal information, including:

• names, contact details and date of birth
• photos and videos
• location data
• school or service information
• online activity and behavioural patterns

The OAIC describes online privacy using a ‘frontstage/backstage’ model. While frontstage refers to what is shared publicly, backstage relates to the data collected behind the scenes. The Code places strong emphasis on improving transparency and accountability in these backstage practices.

The OAIC has undertaken extensive consultation to inform the draft Code, including engagement with children, families, researchers and industry stakeholders.

More than 235 children contributed insights during 2025, helping shape key elements of the framework. The regulator has also developed accessible, child-friendly resources to explain online privacy concepts, including materials tailored for primary-aged children.

Further information, including these resources, is available via the OAIC’s Privacy for Kids website.

 

The draft Code is open for consultation from 31 March to 5 June 2026, with submissions invited from across the community.

Feedback mechanisms include:

• online submissions
• worksheets
• drawing-based activities for younger children

The final Code must be completed by 10 December 2026.

Although the Code primarily regulates online service providers, it carries clear implications for ECEC settings.

• Strengthened digital literacy
  Services are increasingly expected to support children and families to understand online privacy, data sharing and safe digital participation.

   

• Review of digital tools
  Apps, communication platforms and digital documentation systems used in services should align with child-centred privacy expectations.

   

• Data governance responsibilities
  Providers must ensure third-party platforms comply with privacy obligations under the Privacy Act, alongside existing requirements within the National Quality Framework.

   

• Opportunities for family engagement
  The Code creates a foundation for informed discussions about digital footprints, consent and online safety.

The Children’s Online Privacy Code represents a significant development in Australia’s approach to children’s rights in digital spaces. By prioritising transparency, accountability and child-centred design, the framework aims to support safer, more respectful online environments.

For the ECEC sector, the Code reinforces the importance of robust digital governance, informed decision-making and ongoing engagement with families as children’s online participation continues to grow.