Source: Privacy Commissioner
The Privacy Commissioner says the Privacy Amendment Act, which has just become law, will increase transparency and help New Zealanders to better exercise their privacy rights.
Privacy Commissioner Michael Webster says that the important change in the Privacy Amendment Act is the addition of new Information Privacy Principle 3A (IPP3A).
Agencies already have to inform people when they collect their personal information from them, under IPP3. Under new IPP3A, if an agency (business or organisation) collects an individual’s personal information from someone other than the person themselves (i.e. indirectly), then that agency is required to tell the person, unless an exception applies.
If an agency has collected personal information indirectly, IPP3A requires them to take reasonable steps to make sure that the person concerned is told:
- that the information has been collected
- the purpose of the collection
- the intended recipients of the information
- the name and address of the agency that is collecting the information and the agency that holds the information
- whether the collection is authorised or required by law and which particular law
- their right to access and correct their information.
IPP3A will come into force on 1 May 2026, and all organisations will need to have their systems in place to comply with the new requirements by then. There are a range of practical exceptions that will help agencies to apply the new IPP3A in their context.
Earlier this year OPC consulted on draft guidance for organisations about the requirements of IPP3A. We will be publishing this guidance on privacy.org.nz later this year.
OPC is also reviewing the Codes of Practice issued under the Privacy Act to determine whether any amendments are required to incorporate IPP3A.
“Telling people when you’re collecting information about them supports open and transparent collection practices and helps people better understand where and how their information is being used,” says Mr Webster.
“The passing of the Privacy Amendment Act helps support that transparency for New Zealanders. This reform helps keep our privacy law in line with other countries like Australia, the UK and Europe. There are other pressing privacy reforms that I will continue to advocate for with the government of the day.”
