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The pro-consumer privacy lobby speaks – and why the Federal Government listens on privacy reform clampdowns for cleanrooms, hashed emails, geolocation, loyalty data trading and new definitions of personal information

There’s little contention today that the pro-consumer privacy lobby is winning the war over industry on privacy reform – they’re informed on industry techniques, loaded with compelling consumer research and aligned entirely on the need for a clampdown on the collection and use of an individual’s online data trail. Former NSW Deputy Privacy Commissioner and Salinger Privacy boss Anna Johnston and Choice Consumer Data Advocate, Kate Bower unpack what and why they expect a series of hard, industry-challenging privacy reforms to land in parliament next month – that’s less than six weeks away. Just how deeply the $25bn-plus marketing supply chain and tens of thousands of practitioners will be impacted will become clear as the reforms are tabled in Federal Parliament. Johnston and Bower think the updated Act will go harder than anywhere in the world. Hashed emails will be classified as personal information. Trading of geolocation data will be out. Trading of loyalty scheme data – the stuff that powers retail media and a vast targeting-attribution industry – will require companies to prove they have lawful consent to do so and they won’t be able to deny services to those that say no. But consent, says Johnston, is a very fragile thing – and companies might actually be best off concentrating on one of the legislation’s central tenets: Fair and reasonable use of data. In other words, says Choice’s Bower, does what you are doing with customer’s data pass “the privacy pub test?” If it does, meeting a very high consent threshold doesn’t apply. Right now, most are badly flunking the test. Johnston has a checklist for brands that likely have a 12-month compliance window to get houses in order. But ultimately, she says $50m fines are now in play and that “some product lines and business processes will have to stop … and frankly, that is the point of the reforms.” Cleanrooms, she suggests, may come under intense scrutiny.

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The pro-consumer privacy lobby speaks – and why the Federal Government listens on privacy reform clampdowns for hashed emails, geolocation, loyalty data trading and new definitions of personal information

There’s little contention today that the pro-consumer privacy lobby is winning the war over industry on privacy reform – they’re informed on industry techniques, loaded with compelling consumer research and aligned entirely on the need for a clampdown on the collection and use of an individual’s online data trail. Former NSW Deputy Privacy Commissioner and Salinger Privacy boss Anna Johnston and Choice Consumer Data Advocate, Kate Bower, unpack what and why they expect a series of hard, industry-challenging privacy reforms to land in parliament next month – that’s less than six weeks away. Just how deeply the $25bn-plus marketing supply chain and tens of thousands of practitioners will be impacted will become clear as the reforms are tabled in Federal Parliament. Johnston and Bower think the updated Act will go harder than anywhere in the world. Hashed emails will be classified as personal information. Trading of geolocation data will be out. Trading of loyalty scheme data – the stuff that powers retail media and a vast targeting-attribution industry – will require companies to prove they have lawful consent to do so and they won’t be able to deny services to those that say no. But consent, says Johnston, is a very fragile thing – and companies might actually be best off concentrating on one of the legislation’s central tenets: Fair and reasonable use of data. In other words, says Choice’s Bower, does what you are doing with customer’s data pass “the privacy pub test?” If it does, meeting a very high consent threshold doesn’t apply. Right now, most are badly flunking the test. 

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How NRMA, Visa, Cadbury and Old El Paso are using everything from AI to creators, broadcast tie-ins and ‘good noise’ to boost brand during the 2024 Paris Olympic Games

Louvre concerts broadcast in Roblox, athletes as creators, AI-powered posters of sporting heroes and 70-plus Nine broadcast channels integrated into a simultaneous reach-personalisation play are just some of the diverse ways Australian brands are activating around the 2024 Paris Olympic Games. But even with the dynamic toolbox of tactics in play this year, marketers at NRMA Insurance, Visa, Cadbury and Old El Paso are singing from the same hymn sheet on seeking opportunities that inspire community, authentic human connection, positive values and virtuous brand storytelling over pure sales targets. With under 30 days to what many perceive as a rejuvenated global sporting competition after the covid-crimped Tokyo Olympics, Mi3 takes a dive into the marketing plans of four very different well-known brands in Australia lining up alongside the sporting tournament to find out why they’re backing the games and what ROI they’re looking to achieve.

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Next best action: ANZ makes tech bets pay as app engagement soars – smarter attribution now in crosshairs

Rather than loading up its already substantial technology debt, ANZ Bank made a strategic decision at the start of the decade to take a (mostly) greenfields approach to ANZ Plus, its app-driven mobile banking service and the future direction of the bank. Increased competition from fintechs, a banking Royal Commission that was scathing of the sector, and customers demanding more control and transparency all factored into the decision. And that choice also allows it to utilise a ‘next best action’ platform – a cornerstone of real-time decision-making – to drive adoption and engagement, says the bank’s marketing tech lead. The bet is now paying off – and attribution is up next. 

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The mindset shift on customer data preparing Big4 for Privacy Act’s ‘radical shift of risk’ – and seven steps every brand should now take

Big4 CEO Sean Jenner, says it’s all about respect. Getting the holiday park operator on the path to privacy by design has been an all-of-business ambition stretching from new tools, systems and processes to a cultural mindset that recognises customer data as something brands are given permission to utilise, not own. It’s a big job “eating the elephant”, as Jenner puts it, but necessary for businesses to ensure they’re not crippled by the transformative changes Australia’s new-look privacy legislation is expected to throw their way. The key is to recognise this is as much about humans and respect for data as it is about operational change, Salinger Privacy principal, Anna Johnston, says: “Privacy compliance cannot be seen as the job of just one person, it’s not a tickbox exercise, it can’t be automated … You can’t avoid the privacy rules by applying some basic de-identification techniques and thinking you are now exempt.” She outlines a seven-point plan every brand should now take.

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