The Children’s Online Privacy Code is widely expected to address a range of privacy issues for children, including targeted advertising. This paper explores a discussion held by 21 experts from academia and civil society in June 2025 around how the Code might address targeted advertising.

Key points

• Targeted advertising is a violation of children’s rights because of the data handling process it involves. The Children’s Online Privacy Code would be well placed to prohibit this practice on privacy grounds.
• The UK, Ireland and the EU have used data protection laws to create a presumption against targeted advertising by outlining that children should not be profiled.
• Extensive research shows that Australians are uncomfortable with the practices of targeted advertising.
• The process of targeted advertising involves a pipeline of data handling practices, including the collection, use and disclosure of data, as well as automated profiling. This means that there are multiple ways a Code could address targeted advertising, and a pipeline-wide approach would be desirable.

Recommendations

• The Code addresses the ‘data processes’ involved in targeted advertising. This includes data collection, use, and disclosure, along with other aspects inherent to targeted advertising that cuts across multiple Australian Privacy Principles (APPs).
• The Code offers a strong remedy, such as prohibiting or presuming against the collection, use or disclosure of data to enable targeted advertising.
• Strong requirements for transparency – including regulator transparency and public transparency – be implemented within the Code itself.