By Geoff Caradus
3 March 2021
The new Privacy Act came into force on 1 December 2020, providing a modified (and in certain respects more onerous) regime governing the collection, storage and use of information about identifiable individuals (referred to in the Act as “personal information”). In particular, the new Act requires any entity or person who holds personal information (referred to in the Act as an “agency”):
Most of these new requirements should be easy enough for businesses and other agencies to get right provided they know what is required of them. In this respect the Office of the Privacy Commissioner provides a range of free and well put together training videos and courses at the website https://www.privacy.org.nz/tools/online-privacy-training-free/ We are available to assist also, if you would like.
A good example of common, obvious and also very easy to fix non-compliance would be the use of Covid-19 register or other visitor registers at the entry point to businesses without the inclusion of an appropriate privacy statement consistent with the requirements of the Act.
Fines for non-compliance with the Act can extend to $10,000 per incident and damages payable to the victim for serious breaches have been known to exceed $100,000. Putting the pure legal and financial ramifications to one side, it doesn’t seem like many months go by without the media running a significant story on a breach of privacy – usually doing untold reputational damage to the subject of the story. Given these potential repercussions of failing to comply with the new Act, if you haven’t already done so, now is the time to get yourself familiar with the requirements and ensure that you are compliant.
For more information or professional advice on this topic please contact Geoff Caradus.
Disclaimer: The information contained in this publication is of a general nature and is not intended as legal advice. It is important that you seek legal advice that is specific to your circumstances.
Position: Partner
Email: geoff.caradus@pittandmoore.co.nz
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Nelson 7010
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Fax: 03 546 9153
Email: mail@pittandmoore.co.nz
Postal address
PO Box 42, Nelson 7040
DX WC70013
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