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Prepare for the new Privacy Act

By Mike Worsnop and Tom Swindells - 6 Jul 2020

The Privacy Bill passed its third reading in parliament and will come into force on 1 December 2020, repealing and replacing the Privacy Act 1993.

The Privacy Act 2020 governs how personal information about individuals should be collected, used and disclosed. It does not make wholesale changes but seeks to modernise the law in this area. There are however some new provisions including:

  • An obligation upon agencies to notify certain privacy breaches (including accidental disclosure or loss of personal information);
  • New criminal offences;
  • Increased information gathering power for the Privacy Commissioner; and
  • The ability for the Privacy Commissioner to issue compliance notices to require compliance with the Act.

Business owners and operators should ensure that they are aware of their obligations under the new Privacy Act and have systems in place to ensure that personal information is collected and used lawfully.  This should include a procedure for notifying privacy breaches and for dealing with requests for access to, or correction of, personal information.

If you would like to know more or require assistance with your privacy policy and procedures please contact Tom Swindells or Mike Worsnop.

 

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