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Practical Implementation of the Changes Introduced by New Zealand’s New Privacy Act

Published July 8, 2020

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The Privacy Act 2020 was passed by the New Zealand Government in June 2020. The new Act will introduce several key changes that will significantly improve privacy protections for individuals in New Zealand. Organisations will need to ensure compliance with the changes introduced by the Act before it comes into effect on 1 December 2020.

The new Act applies to all organisations that undertake business in New Zealand, no matter their size or geographic location. The Act also applies to all categories of personal information they hold, including customer, employee and supplier information. The key changes introduced in the new Act include:

Privacy Bill summary of key changes

people data grapher

These changes form part of a global regulatory movement to improve privacy protections and ensure individuals’ right to privacy is upheld. It is mirrored in shifting customer expectations and taking a minimum compliance approach is no longer good enough. Leading organisations now realise that good privacy management is a competitive advantage if done right and are investing in systems and processes that help to build trust and transparency with their customers, employees and partners.

Over the next five weeks we will be publishing a series of articles that discuss the practical implications of the changes that the new Privacy Act introduces and what steps organisations will need to take to ensure that they are compliant. We will also discuss the role that AI and automation can play in helping organisations to reduce their compliance overheads, both in NZ and internationally, while maximising the business value that can be derived from these changes.

The articles will cover:

  • More Protection for Information Moving Overseas
  • Accountability for Data Breaches by Third Parties
  • Strengthening People’s Rights to Access and Correct their Information
  • Click to Consent is not Enough
  • Mandatory Data Breach Notification

Also join us at 10:30am on 11 August 2020 for a webinar where we will host a panel of experts who will discuss the changes and the practical implications for organisations in more detail. Further information and registrations are available at <……..>


Frequently Asked Questions (FAQs)

The New Zealand Privacy act modernizes the country's privacy laws, introducing new provisions for mandatory breach reporting and enhancing individuals' rights regarding their personal information.

While both the GDPR and the New Zealand Privacy Act aim to protect individuals' privacy rights, they are separate legal frameworks. GDPR applies in the European Union, and the New Zealand Privacy Act applies to the processing of personal information of data subjects in New Zealand. They have differences in specific requirements and enforcement mechanisms.

Principle 7 of the New Zealand Privacy Act guarantees individuals the right to request corrections to any inaccurate information held about them by an organization or business. If the organization disputes the need for correction, individuals can request that an agency append a correction statement to their records. The agency must then take reasonable steps to fulfill this request.

Principle 5 of the New Zealand Privacy Act mandates that organizations implement reasonable safeguards to prevent the loss, misuse, or unauthorized disclosure of personal information. In the event of a significant privacy breach, the organization must promptly notify the Office of the Privacy Commissioner within 72 hours.

Breach of the Privacy Act in New Zealand can lead to investigations by the Privacy Commissioner. The Commissioner has the authority to make determinations, seek compliance, and, in some cases, seek remedies for affected individuals. Penalties may apply for serious breaches.

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