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Compliance Checklist for New Zealand’s new Privacy Act
Published on December 3, 2020 AUTHOR PRIVACY RESEARCH TEAM
On 1 December 2020, New Zealand’s new Privacy Act 2020 came into effect. Our experts at SECURITI.ai have compiled the following list of compliance actions to remind organizations of their obligations under New Zealand’s new Privacy Act.
1. Notify privacy breaches as soon as practicable after becoming aware of the breach
Organizations must notify privacy breach that has caused serious harm to the affected individual or is likely to do so, to the Privacy Commissioner and the affected individuals as soon as practicable after becoming aware of the breach. Where it is not reasonably practicable to notify the affected individual or each member of a group of affected individuals, organizations must notify the public in a manner that no individual is identified. Companies that fail to notify privacy breaches without any reasonable excuse would be liable on conviction to a fine not exceeding $10,000.
2. Notify privacy breaches caused by any outsourced third-party
Where an organization outsources data storage or data processing activities to a third-party, the third-party will be considered an agent to the organization. The principal data collecting organization will be responsible to fulfill the breach notification obligations, despite the fact that the breach is caused by any third-party acting as its agent. Anything relating to a notifiable privacy breach that is known by any employee or member of the third-party will be considered to be known by the principal data collecting organization.
3. Respond to data access requests not later than 20 working days after the day on which the request is received
Organizations must respond to a data subject’s access request as soon as is reasonably practicable, and in any case not later than 20 working days after the day on which the request is received. Where an organization refuses to respond to an access request, the individual has the right to complain before the privacy commissioner who may issue a binding access determination requiring the company to disclose personal information to the individual.
4. Respond to data correction requests not later than 20 working days after receiving the request
Organizations must decide whether or not to grant a data subject’s correction request as soon as is reasonably practicable after receiving a request and in any case not later than 20 days after receiving the request and notify its decision to the requester. Where an organization has to transfer the request to another organization, it must do so promptly, and in any case not later than 10 working days after receiving the request and notify the requester accordingly.
5. Ensure that data subjects are aware of the purpose of their data collected
Organizations must inform data subjects about the facts that their information is collected, the purpose for which the data is collected, the intended recipients of the information, the consequences of not providing the information, and the data subjects’ rights to access to and correction of their data. An organization must not use any personal information that was obtained in connection with one purpose for another purpose except with the authorization of the data subject.
6. Ensure comparable privacy safeguards to those that apply under New Zealand’s Privacy Act before transferring personal information outside New Zealand
Organizations can transfer personal information outside New Zealand only if the destination country provides comparable safeguards to those in New Zealand’s Privacy Act, the destination country is part of a prescribed binding scheme issued by the government of New Zealand, or if the data subject expressly authorizes the disclosure of personal information after having been informed of the inadequate data protection standards of the foreign country.
New Zealand’s Privacy Act 2020 applies to New Zealand entities as well as to overseas entities in the course of carrying on business in New Zealand, irrespective of their size, geographical location, and whether or not they are registered in New Zealand.
Ask for a DEMO today to understand how SECURITI.ai can help you comply with New Zealand’s Privacy Act 2020, GDPR, and a whole host of other global privacy laws and regulations, such as the CCPA, with ease.
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The Australia Privacy Act 1988 (Privacy Act) was enacted to protect the privacy of data subjects and regulate how Australian agencies and organizations with an annual turnover of more than $3 million handle their customers’ personal information.
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Singapore’s Personal Data Protection Act (PDPA) comprises various provisions governing the collection, disclosure, use, and care of personal data. It recognizes the rights of individuals to have more control over their personal data and the needs of organizations to collect, use, or disclose personal data for legitimate and reasonable purposes.
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On April 13, 2000, the Personal Information Protection and Electronic Documents Act (PIPEDA) received Royal Assent. It came into force in stages, beginning on January 1, 2001. PIPEDA came fully into effect on January 1, 2004. The legislation applies to organizations that collect, use or disclose personal information in the course of commercial activities.
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After the invalidation of Privacy Shield, many companies are relying on the SCCs in order to continue transferring data of EU citizens to companies based in countries who are not deemed adequate for data transfer.
After the CJEU judgement, it is clear that these companies have to conduct Risk Assessments with the data recipients in these countries in order to ensure they have enough controls to mitigate any potential data or regulatory risk.
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On 2nd March, 2019, the Department of Health—Abu Dhabi (DoH), launched the Abu Dhabi Healthcare Information and Cyber Security (ADHICS) Standard. This is the first standard that aims to provide healthcare professionals and entities a comprehensive guide to the regulation of healthcare data in Abu Dhabi. This law ensures the highest levels of privacy and security of patients’ data, in line with international standards, is maintained.
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On January 31, 2020, the government of Saudi Arabia issued the Executive Regulations to the Saudi E-Commerce Law 2019 (“ECL”) that was in effect since October 2019. The Executive Regulations together with the ECL (“Law”) aim to protect consumers’ personal data by requiring organizations to take appropriate technical and administrative measures.
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Turkey was one of the first countries to start the trend of legislating data protection. Turkey published “Law on the Protection of Personal Data No. 6698 (LPPD) covering personal data protection on April 07, 2016.” The LPPD is based on the European Union Data Protection Directive 95/46/EC and has several similarities with the GDPR. It aims to give data subjects’ control over their personal data and outlines obligations that organizations and individuals dealing with personal data must comply with. The LPPD has also provided comprehensive guidelines for the transfer of personal data to the third parties.
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In December 2019, India, following several other countries' footsteps on the privacy laws' developments, introduced the Personal Data Protection Bill (PDPB) to regulate the processing, collection, and storage of personal data.
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On 13 October 2020, the National People's Congress of the Republic of China submitted the long awaited draft of the Personal Information Protection Law (Draft PIPL) to the Standing Committee meeting for preliminary review. This draft was officially released for the public consultation on 21 October, 2020. The consultation period will last until 19 November 2020.
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The Irish Data Protection Act, 2018 (Irish DPA) implements the General Data Protection Regulation (GDPR) and transposes the European Union Law Enforcement Directive in Ireland. Since it incorporates most of the provisions from the GDPR and the Law Enforcement Directive with limited additions and deletions as per the national law, it is considered to be the principal data protection legislation in Ireland.
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The Personal Data (Privacy) Ordinance (Cap. 486) as amended in 2012 (the “PDPO) is the primary legislation in Hong Kong which was enacted to protect the privacy of individuals’ personal data, and regulate the collection, holding, processing, disclosure, or use of personal data by the organizations.. The Data Protection Principles ( the “DPPs or DPP ''), which are contained in Schedule 1 to the PDPO, outline how entities should collect, handle, disclose, and use personal data.
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In 2012, the Philippines passed the comprehensive privacy law, Data Privacy Act 2012 Republic Act. No, 10173 (the "DPA"). The DPA recognizes the rights of individuals to have more control over their personal data while ensuring a free flow of information to promote innovation and growth.
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The United Arab Emirates (UAE) has a Federal Telecommunication Law ( Federal Law) which requires that a company must hold a license in order to provide public communications services and operate public telecommunication networks. Under this Federal Law, a Telecommunication Regulatory Authority (TRA) was established which regulates the telecommunication sector in the UAE.
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