The Office of the Australian Information Commissioner (OAIC) has released new guidance for private sector organisations on the use of third-party tracking pixels, responding to growing concerns about online privacy and surveillance. The guidance aims to help businesses navigate their obligations under the Privacy Act while using these digital marketing tools.
Recent findings from the Australian Community Attitudes to Privacy Survey 2023 highlight the urgency of this issue, with 69% of adults opposing the use of their personal information for online tracking and targeted advertising. This opposition rises to 89% when such tracking targets children.
Tracking pixels, which are invisible pieces of code embedded in websites, collect user activity data and transmit it to third-party platforms. While these tools provide valuable business insights for analytics, advertising, and ROI measurement, the OAIC emphasises their potential to be harmful, invasive and corrosive of online privacy.
The guidance clarifies that organisations bear full responsibility for ensuring tracking pixels comply with privacy regulations. Key obligations include implementing data minimisation practices, obtaining proper consent, and maintaining transparency in data collection. Organisations must be particularly cautious with sensitive information, such as health data or religious beliefs, which requires explicit user consent.
The OAIC stresses that deployment of tracking pixels should not follow a ‘set and forget’ approach. Instead, organisations must conduct thorough due diligence, including understanding how the technology works, identifying privacy risks, and implementing mitigation measures. Regular reviews and updates of tracking technologies are essential for maintaining compliance.
This guidance is part of the OAIC’s broader initiative to help organisations grow while meeting privacy obligations and building community trust. For businesses, the message is clear – while tracking pixels remains legal, their implementation requires careful consideration and robust privacy protections to address growing community concerns about online surveillance.
For a full reading of the guidance, see here.
