Broadening the Privacy Act’s notification rules

The Government is considering potential changes to the notification rules for collecting personal information under the Privacy Act 2020.

The proposed changes would broaden the Act’s requirements for an individual to be notified when an agency collects their personal information indirectly through a third party.

Extending the requirement to indirect collection would promote transparency. Transparency regarding the collection, use, and disclosure of personal information is fundamental to protecting individuals’ privacy rights and their dignity and autonomy. Transparency enables individuals to:

·        make informed privacy choices;

·        hold agencies to account for their privacy practices; and

·        exercise their privacy rights under the Privacy Act 2020 (the Privacy Act).

These changes would ensure New Zealand keeps up to date with privacy laws and best practice in overseas jurisdictions. They would also support international trade, and in particular the cross-border flow of personal information as a basis for digital trade.

The Ministry of Justice administers the Act and wants to hear from stakeholders and the public on the form and scope of the proposals.  In September 2022 the Ministry consulted with agencies involved in the indirect collection of personal information, whether domestically or overseas, as well as from individuals whose personal information may be indirectly collected.

A summary of the feedback received is available here(external link).

What are then next steps?

The Government will consider the feedback received and decide whether any changes are needed.

If the Government decides to make changes in this area, there will likely be further opportunity to input into the process. For instance, changes to legislation require consideration by a Select Committee, including seeking submissions from the public and often hearing from submitters in person.

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