Is this D-Day for data-driven marketers?

The Australian marketing industry has just been handed a major opportunity to build a future we all want to see. My question is, are we going to grasp it?

The release of the Privacy Act Review Report is a massive moment for us all, both as marketers and as consumers. It’s the first glimpse into what the future of data and privacy in Australia may well look like. And broadly speaking, there’s a lot to be positive about.  

For the past few years the reputation of the industry and the use of data by businesses has come under the microscope, resulting in an Australian public which is less trusting of what we do with their personal data.  

And it’s time to do for the industry’s reputation what as marketers we do every day, wrest the narrative back and set it on a positive course. I believe that the proposals put forward in this new report have the potential to help the whole industry draw a line in the sand (eventually) and move forward with clarity and purpose.  

While there’s not a great headline in ‘vast majority of businesses responsibly using data again today’, helping drive and shape positive and meaningful privacy and data law changes is the best way for marketers to show we’re on the side of consumers. After all, we are consumers too.  

I’m not going to hash out everything in the report here - it’s 320-plus pages and ADMA is widely cited, showing our previous representations have been noted. It’s thoughtful and well structured, and on the whole there is a lot to applaud, not least guardrails to quickly curb any future practices which may be questionable and the resistance to over complicate consent (although there is a very important focus and debate still be to be had (quite urgently) around withdrawing such for direct marketing, target marketing and trading in data). 

There may also be a significant change on the horizon for SME businesses if the proposed small business exemption goes ahead. However, there’s still some time before this proposal takes its final shape - further consultation is promised, and ADMA will be front and centre in these discussions. The next few weeks are going to be important for the industry as a whole. 

My colleague Sarla Fernando, ​a respected thinker in the digital and marketing industry, has penned an initial take on the Review ​​​​​​here. You can see the first views from a range of people including Sarla and Peter Leonard (ADMA’s Regulatory an​d Advocacy Working Group Chair,  Principle Data Synergies), in Mi3 Australia. There’s a lot to unpack, before March 31 when responses are due.  

Marketing has a marketing job to do.  

So, back to reclaiming the narrative. The first thing to do is to look to ourselves and get behind a reset in terms of practices and transparency. This review and upcoming changes to the Privacy Act will help do that.  

Then there is the ​​​​education of consumers. This is something the entire industry should be committed to achieving, and has to come together to do so. Helping consumers understand how data is used, the benefits of businesses using data, and how they can take control of what they share and what they choose not to, will be a business imperative this year. 

Right now we’re seeing, given the choice and the current lack of understanding of what target advertising actually is and the various types within that definition , customers would opt out of having their data tracked by businesses unless they can provide a very relevant use case for it. While opt-out is set to remain the default under these proposals, for this opt out to be meaningful we need people to understand what they are opting out of. This starts with a better understanding of how sharing certain data allows the personalisation of their experience , which for the most part is preferred to being served non-relevant advertisements. 

There is always going to be a debate around personal data and how much business should have access to. It’s far better to have this debate in public and while the reform is in review. We should all have a say in this important area.  

But the only way we’re going to properly engage people is by creating better understanding and awareness of the area, and that will only happen through education.

We’re at week one in the process of any potential reset, but from the conversations I’ve had already, I can tell there is genuine appetite for meaningful change from marketers at organisations of all sizes.

ADMA will continue to input to ensure the Privacy Act is a balanced and effective piece of legislation which works for all parties. This isn’t the last you’ll hear from us on this topic, and we encourage you to engage with us to help us get it right.  

ADMA is Australia's principle marketing industry association with members ranging from sole traders to some of Australia's largest organisations.  Find out more about ADMA Membership Benefits here.