New, tougher Privacy Act coming into force in less than a month

November 2, 2020

Privacy Commissioner John Edwards says organisations that collect personal information will have a range of new obligations under the new Act. (Source: Other)

New privacy laws that come into force on December 1 offer more protections for individuals and new obligations for agencies which collect personal information.

The Privacy Act 2020 has been updated 27 years after the last version, in order to make it more relevant and effective in the age of the internet.

Privacy Commissioner John Edwards told TVNZ1's Breakfast today that a refresh of the act has been well overdue, with the internet now being "an international marketplace for our personal information".

Among the more important changes is that an organisation that collects personal information must now report to both the subject of that information and the Privacy Commission itself if that data is breached.

"If an organisation that holds your personal information loses control of it and has a privacy breach where that could cause some serious harm, they will have an obligation to let you know so you can take steps to protect yourself," Edwards said.

The new act will also help Kiwis to access the information held by an agency, which they are entitled to, without lengthy delays.

The Privacy Commissioner will also have new enforcement powers, including compliance notices and potential fines for agencies not playing by the rules.

There are numerous changes to the law and businesses operating with personal information collection are strongly advised to begin acting now to make sure they are compliant for December 1.

A full briefing on the changes and what they mean is available on the Privacy Commission's website .

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