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Meet the regulators of Australia’s Digital ID Act

ACCS to oversee accreditation for digital ID services, OAIC will police privacy
Meet the regulators of Australia’s Digital ID Act
 

Australia’s Digital ID Act 2024 went live on December 1, introducing an updated voluntary accreditation scheme for providers of Digital ID services across the economy. The goal is to expand the Australian Government Digital ID System (AGDIS) with more government services accessible through digital identity, and more digital ID providers for Australians to choose from.

For providers, it will be key to know who oversees what in the new accreditation scheme.

That means getting intimate with the Australian Competition and Consumer Commission (ACCC), appointed as the official Digital ID regulator responsible for accreditation.

The ACCS’s website says its role as the Digital ID regulator includes “accrediting and approving participating organisations” to provide services and to participate in AGDIS. Organizations can include Commonwealth, state and territory departments, and private businesses. The ACCS will also enforce non-privacy related laws, rules and data standards governing the system.

Privacy regulation of the digital ID program is under the jurisdiction of the new Office of the Australian Information Commissioner (OAIC). Its role is to ensure individuals’ privacy is protected in the digital ID ecosystem, by providing oversight of updated privacy safeguards for organizations, including complaint-handling, investigations and enforcement action. It will perform compliance assessments for providers, and perform “Notifiable Data Breach scheme functions” in relation to the Digital ID system.

Finally, the system administrator, Chief Executive Centrelink, oversees operations of AGDIS including managing applicant testing and onboarding approved organizations. For now, that means government organizations. But AGDIS is set to open to the private sector in December 2026.

Together, these three entities have signed a Memorandum of Understanding (MoU) to cooperate in governing Australia’s digital identity system and enforcing the Digital ID Act. The MOU “supports the parties to carry out their independent Digital ID functions by facilitating cooperation, consultation and legally permitted information sharing between the parties.”

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