IAB NZ X NZ Marketing Association | New Amendment To Privacy Act

Submissions due by 14 June.

The new amendment to the Privacy Act may have an impact on your organisation if you rent, buy, or exchange customer/prospect data, or collect people’s contact details from any source other than directly from them.

The team at the Marketing Association will be making a submission to the Select Committee and is asking for industry feedback to identify any operational problems this legislation may potentially cause.

Privacy Amendment Bill - What You Need to Know

Does your organisation ever rent, buy or exchange customer/prospect data? Do you ever collect people’s contact details from any source other than from the individual concerned? If you do, you need to be aware of new clauses in the Privacy Act which will require you to inform people whenever you acquire their details from any source other than directly from them.

This means you will need to design and publish a new privacy policy and you’ll probably have to re-design any automated systems for notifying people that you have their details on your database.

There are a couple of exceptions which could excuse you from complying, such as:

The individual has previously been made aware of the reason for collection of their information.

Non-compliance would not prejudice the interests of the individual concerned.

Their details are publicly available.

Compliance would prejudice the purposes of collection.

But some of these exceptions are extremely difficult to interpret. For instance, does collecting a contact address from a website ‘prejudice the interests of the individual’? If not, does it mean you don’t have to advise them?

The Marketing Association will be making a submission to the Select Committee, and would like your help to clarify some of the operational difficulties which will be faced if this bill goes through.

Submissions are due by June 14 so please read the briefing paper below to see if you are affected, and what you need to do.

New legislation often creates unintended consequences which can make life difficult for organisations. Please get in touch with Keith Norris, Compliance Consultant at the Marketing Association to identify any operational problems this legislation will cause you keith@marketing.org.nz.

Read the Briefing Document: https://marketing.org.nz/news/regulatoryprivacy/privacy-amendment-bill-2024

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