Recently, I was walking around shopping as usual in the weekend, when something caught my eye. It was a Privacy Policy stuck on the wall which referred to the Privacy Act 1993. Generally, while browsing websites, I can also see outdated Privacy Policies uploaded – it happens quite often!
Most people are not aware that a new Privacy Act came out in 2020, therefore they would not realise that the poster on the wall or policy on the website is out of date which also means that many businesses have not updated their Privacy Policies.
Some of the key changes in the 2020 Privacy Act were:
- A regime for mandatory privacy breach reporting;
- Provisions relating to disclosing of personal information outside of New Zealand;
- Clarification that ensures businesses do not collect information that is not necessary for the lawful purpose for which it is collected;
- Emphasis on the manner of collection being fair and reasonable in particular when collecting information from young people;
- Criminal offences for:
- Misleading an agency by impersonating someone for the purpose of accessing, altering or destroying their personal information; and
- Destroying a document containing personal information with the knowledge that there has been an information request made for that information.
- Ability for representatives of a group of affected individuals to commence proceedings in the Human Rights Review Tribunal as a class, with the Tribunal being able to award up to $350,000.00 to each member of a class action.
With specific requirements under the Act and the related criminal offences and penalties, it is very important that your business reviews and updates their Privacy Policy, it really should have been done yesterday!
If you require any advice or further information on the matters dealt with in this publication please contact the lawyer at Farry Law who normally advises you, or alternatively contact:
Sonia Dhaliwal
09 222 0235
The information contained in this publication is intended as a guide only. It does not constitute legal advice and should not be relied upon as such. Professional advice should be sought before applying any of the information to particular circumstances. While every reasonable care has been taken in the preparation of this publication, Farry Law does not accept liability for any errors it may contain.