OAIC, Guidance on privacy and developing and training generative AI models (October 2024): AI training as a secondary purpose (Office of the Australian Information Commissioner, Guidance on privacy and developing and training generative AI models (published 21 October 2024))
The regulator says that using records collected for a service to train a model commercialised outside that service will rarely be within reasonable expectations. The holder should obtain consent or offer individuals an informed opt-out.
Dated 18 Oct 2026Source checked 18 Oct 2026Basis: primary text
In the source's own words
“This will be difficult to establish where information collected to provide a service to individuals will be used to train a generative AI model that is being commercialised outside of the service (rather than to enhance the service provided). ... they should seek consent for that use and/or offer individuals the option of opting-out of such a use.”
Where it was read
Also read from the same source
- OAIC, generative AI training guidance, Example 3: a bank giving customer queries to a developer (Office of the Australian Information Commissioner, Guidance on privacy and developing and training generative AI models, Example 3)
- OAIC, generative AI training guidance: de-identifying personal information is itself a use for a secondary purpose (Office of the Australian Information Commissioner, Guidance on privacy and developing and training generative AI models, 'Using de-identified information')
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Cited in these 2 guides