On May 3, 2024, the New Zealand Parliament opened a public consultation on the Privacy Amendment Bill after it was introduced on September 5, 2023. In particular, the bill aims to amend the Privacy Act 2020.

What are some notable amendments?

For the purpose of providing advice to the Minister of Justice, the bill provides the Information Commissioner (OPC) the authority to assess the privacy laws of a particular country (on an individual basis or on the basis of the country being a member of a bloc of countries) to ensure that that country provides comparable safeguards for cross-border data transfers.

Furthermore, the bill would create a new notification obligation on an agency when it collects personal information not directly from the individual, such as a requirement to inform the individual concerned of:

• the fact that the information has been collected;
• the purpose for which the information has been collected;
• the intended recipients of the information;
• the name and address of the agency that has collected the information and is holding the information;
• if the collection of the information is authorized or required by or under the law; and
• the rights of the individual in this respect.

Moreover, the bill amends the Privacy Act to provide that an agency may refuse access to any personal information requested if the disclosure of the information would be contrary to the interest of:

• the individual concerned who is under the age of 16 years; 
• another individual to whom the information relates who is under the age of 16 years; or
• likely to prejudice the safe custody or the rehabilitation of:
  • the individual concerned who has been convicted of an offense or is or has been detained in custody; or
  • another individual to whom the information relates who has been convicted of an offense or is or has been detained in custody.

The public consultation is open until June 14, 2024, and submissions can be submitted to the Parliament website.

You can read the bill here and track its progress here.