New Zealand privacy legislation enters into force News
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New Zealand privacy legislation enters into force

New Zealand’s Privacy Act 2020 came into effect Tuesday, repealing and replacing the 1993 Act.

The Act has numerous amended provisions to keep pace with the fast-changing world of technology and its consequent impact on privacy. Section 3 brings out the Act’s purpose, which is to promote and protect individual privacy by protecting an individual’s right to privacy of personal information and giving effect to internationally-recognized privacy obligations and standards.

Section 4 mandates that businesses, offices and organizations must handle personal information more carefully. An overseas business or organization that is “carrying on business” in New Zealand will be subject to the Act’s obligations, even if it does not have a physical presence in the country. The privacy commissioner under section 17 now has greater powers to ensure compliance with rules, something that was missing in the previous Act. Section 104 also provides for new criminal offenses that can result in a fine of up to $10,000 for misleading individuals to access information or destroying information while knowing access to it has been requested.

Privacy Commissioner John Edwards told Newshub earlier: “Whereas in the past we mostly relied on individuals to make complaints and then show they’ve suffered some harm as a result, under the new law I will be able to issue compliance notices if I see organisations just not meeting their obligations under the Act, and I can enforce those in the Human Rights Review Tribunal.”

The bill had received royal assent on June 30.