Privacy Law Update

Introducing… the Privacy Act 2020

Did you know that the Privacy Act has changed? As of 1^st December, the Privacy Act 2020 has now come into force. Wakefields Lawyers are here to help ensure that you are aware of with changes. No one wants a hefty fine straight after Christmas!

What are the key changes?

We have seen a huge advancement of technology since the Privacy Act 1993, so it is about time that our legislation caught up with this. The purpose of the revamped Privacy Act 2020 is to give rise to stronger protection of private and personal information. Here are some of the key changes and new obligations that businesses need to be aware of:

1. Mandatory privacy breach notification regime

The introduction of a notification regime is probably the most important feature of the updated Act. If a business or organisation has a privacy breach that it believes has caused “serious harm” to an individual (or is likely to do so), they must notify the Office of the Privacy Commissioner and, in most cases, the affected individual. Failure to comply with this can result in extremely hefty fines.

2. Disclosing Information Overseas

Although Kiwis are still facing travel restrictions, information continues to travel across borders more than ever. Due to the increase of information shared overseas, the Act now ensures private information is still protected in other countries. Under the new Act, information can only be shared overseas if the agency that receives it is subject to similar safeguards to those in New Zealand’s Privacy Act or the individual has given informed consent for it to go elsewhere.

3. New criminal offences and penalty increase

The final key update is that there are new criminal offences under the Act. For example, it is now an offence to mislead an agency in order to access someone else’s personal information and to destroy personal information, knowing that a request to access it has been made.

So what does this mean for you?

As we continue into the digital age, it is vital to ensure that all information is gathered and stored with adequate protection. The updated legislation will affect virtually all businesses and organisations across New Zealand, so it a good time to ensure you are complying with the Act.

Wakefields Lawyers is here to help you understand your obligations under the Privacy Act. If you need some assistance or just want to talk through what this law change means for you, get in touch with us today at info@wakefieldslaw.com or 04-970-3600.