Read the full article by aul McIntyre & Brendan Coyne here.
You may also be interested in my earlier blog: Privacy Act Changes: Findings from the F&P Forum and How Your NFP Can Stay Ahead
Read the full article by aul McIntyre & Brendan Coyne here.
You may also be interested in my earlier blog: Privacy Act Changes: Findings from the F&P Forum and How Your NFP Can Stay Ahead
Australia’s Privacy Commissioner Carly Kind has delivered a stark warning to businesses and not-for-profits (NFPs) alike, reported in a recent article on Mi3: the current approach to data privacy is about to change dramatically. In a recent interview, Kind outlined her concerns around widespread misuse of data, including tracking pixels, loyalty programs, and data brokering—signalling that the regulator is gearing up for enforcement. This isn’t just a future problem tied to incoming legislation; it’s happening now under the current Privacy Act.The takeaway? NFPs need to act immediately to tighten their data practices or face potential regulatory action.
“Don’t Take Your Foot Off the Gas” – The Regulator Is Watching
In her interview, Carly Kind was unequivocal: “If I can get one message out, it’s don’t take your foot off the gas, because we’re going to be looking to take a more enforcement-based approach to regulation in the interim, even notwithstanding those reforms.”The warning is clear. While many businesses may feel they have more time due to the delayed full-scale rollout of Privacy Act reforms, Kind has stated that her office will focus on enforcing current laws. This includes scrutiny of businesses misusing data beyond its initial collection purpose, failing to manage third-party data exchanges, and neglecting retention and destruction policies. For NFPs that handle sensitive donor data, this means compliance with existing regulations is critical. Non-compliance could result in significant penalties, reputational damage, and the loss of valuable donor trust.
Key Areas of Focus: Pixels, Loyalty, and Data Brokering
Kind highlighted several areas where she sees current and widespread non-compliance:
How NFPs Can Stay Ahead of Enforcement
For NFPs, maintaining donor trust is essential, and compliance with data privacy regulations plays a crucial role in safeguarding that trust. With regulators now turning their attention to enforcement, it’s critical that organisations assess their data management practices now.Here are four steps NFPs can take to ensure compliance:
The Road Ahead: Fair and Reasonable Use of Data
Kind also hinted at what’s coming next: the concept of “fair and reasonable” data use. While this provision didn’t make it into the first tranche of reforms, it’s likely to be introduced in the next wave. This change will significantly impact how organisations handle consent, meaning even if consent is obtained, using data for unreasonable purposes may still violate privacy regulations.For NFPs, this means that any future data practices must not only be consent-based but also fair and reasonable in the eyes of regulators—and ultimately, donors.
Don’t Wait Until It’s Too Late
With over 40+ organisations already completing our free 30-Minute Privacy Landscape Sessions, it’s clear that the privacy landscape is a top concern for many NFPs.
At Marketsoft, we are committed to helping NFPs like yours prepare for these evolving regulations, providing practical, actionable steps to protect donor data and ensure compliance with the current Privacy Act.
Book your free 30-minute session now to get expert guidance on how to safeguard your organisation before the regulator comes knocking.
The Time to Act Is Now
Carly Kind has made it clear: enforcement is coming, and NFPs are not exempt. The actions you take now will determine how prepared you are to meet the challenges posed by new regulations and enforcement priorities.
Don’t wait for the next wave of reforms to hit—start preparing today.
Book your free 30-minute Privacy Landscape Session today and ensure your NFP is ready for the changes. Early action can make all the difference in protecting your organisation from penalties and ensuring that your donor relationships remain strong.