Video | Agriculture | Confidence | Economy | Energy | Employment | Finance | Media | Property | RBNZ | Science | SOEs | Tax | Technology | Telecoms | Tourism | Transport | Search

 


Overseas entities increasingly conscious of privacy laws

Overseas entities increasingly conscious of privacy laws

August 15, 2013

Clever-thinking intellectual property firm James & Wells’ business and property lawyer, Owen Culliney, is finding that New Zealanders and those trading with New Zealand are becoming more aware of their rights and obligations under New Zealand’s privacy legislation.

He is increasingly being asked to provide advice on the collection of personal information from New Zealander’s by overseas agencies. The advice differs depending on the part of the world from which the information is being collected and the type of information being collected, however it is all governed by the Privacy Act.

“At a time when we are increasingly talking about the importance of people’s privacy, people in business as much as individuals want to know what their rights are, and that if they are collecting private information that they are doing it in the right way under current laws,” he says.

Recently he provided advice to a global gaming company, whose customer service line records calls for training and quality control purposes. It wanted to know if it could legally record calls from New Zealand customers.

Mr Culliney says this is governed by New Zealand’s privacy law, codified in one statute, The Privacy Act 1993. The Act covers the collection, disclosure and storage of personal information by ‘agencies’, meaning entities such as companies, or individual people that collect or store personal information.

The rules
Personal information is basically any information relating to a person and there are four key elements that overseas agencies need to be aware of when collecting personal information from New Zealanders. In general, they need to know:

1. From whom information may be collected
2. For what purpose it may be used
3. To whom the information may be disclosed
4. How the information must be stored.

Collection
Agencies must, unless they are not reasonably able to do so or doing so would defeat the purpose for the collection, collect the information from the individual concerned – rather than through a third party – make the individual aware of the fact that the collection is taking place, and tell them who the intended recipients of the information are. It specifically must not collect information for an unlawful means or in a manner that would be unfair or intrude on the personal affairs of the individual.

Use
When collecting personal information, unless it would be impractical to do so or would defeat the purpose of the collection, the agency must make the individual concerned aware of the purpose for which the information is being collected. Then it must only use the information for the purpose for which it was collected, and destroy the information once it has been used for that purpose.

Disclosure
When collecting personal information, unless it would be impractical to do so or would defeat the purpose of the collection, an agency must make the individual concerned aware of the persons to whom the information might be disclosed. From that point, the agency may not disclose the information to another person unless it believes on reasonable grounds that the disclosure is:
1. One of the purposes in connection with which the information was collected
2. To the individual themselves
3. To a person that the individual has authorised to receive it; or
4. Directly related to the purposes in connection with which the information was obtained.

Storage
All personal information collected must be stored (either by the agency or its agent) using reasonable security safeguards so as to protect it against loss, access, use, disclosure, modification or other misuse.

“Depending on their business and the information they are trying to collect, there is much more that an overseas agency would need to know before collecting personal information from New Zealanders,” says Mr Culliney.

“The key point is that they get the right advice before they begin doing business here,” says Mr Culliney.

ENDS

© Scoop Media

 
 
 
 
 
Business Headlines | Sci-Tech Headlines

 

Constructions Builds: Consents Top $2 Billion For The First Time

Building consents reached a record $2 billion in March 2017, boosted by new homes and several big non-residential projects, Stats NZ said today. This was up 37 percent compared with March 2016. More>>

Other Stats:

Health: Work Underway To Address Antimicrobial Resistance

As part of a global response the Ministries of Health and Primary Industries have today jointly published ‘Antimicrobial Resistance: New Zealand’s current situation and identified areas for action’ to respond to the changing pattern of antimicrobial resistance in New Zealand. More>>

ALSO:

Employment: Vodafone Announces Family Violence Policy To Support Team

From today, any of Vodafone’s 3,000 workers affected by family violence will be eligible for a range of practical support, including up to 10 additional days of paid leave per year. More>>

Burning Up Over Saturn: Cassini's Grand Finale

With propellant running low, NASA scientists are concerned that the probe might accidentally crash into one of Saturn’s nearby moons, which could contaminate it with Earthling bacteria stuck to the spacecraft. Instead, the spacecraft will be safely "disposed" in Saturn's atmosphere. More>>

ALSO:

Our Fresh Water: Monitoring Report Confirms Serious Challenges For Rivers

• nitrogen levels are getting worse at 55 percent and getting better at 28 percent of monitored river sites across New Zealand • phosphorus levels are getting better at 42 percent and getting worse at 25 percent of monitored river sites across New Zealand More>>

ALSO:

Get More From Scoop

 
 
 
 
 
 
 
 
Business
Search Scoop  
 
 
Powered by Vodafone
NZ independent news