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Basic principles of national application set out in Part Two of the OECD Guidelines

There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject...

eBOOK ● NZPA-SCHEDULE 5A ● KNOWLEDGE BANK 

July 30, 2019

Information matching rules: Time limits

Where an authorised information matching programme is to continue for any period longer than 1 year, or for an indefinite period...

eBOOK ● NZPA-SCHEDULE 4 ● KNOWLEDGE BANK 

July 30, 2019

Information matching rules: No new databank

Subject to subclauses (2) and (3), the agencies involved in an authorised information matching programme...

eBOOK ● NZPA-SCHEDULE 4 ● KNOWLEDGE BANK 

July 30, 2019

Information matching rules: Destruction of information

Personal information that is disclosed, pursuant to an information matching provision, to an agency for use in an authorised information matching programme...

eBOOK ● NZPA-SCHEDULE 4 ● KNOWLEDGE BANK 

July 30, 2019

Information matching rules: Safeguards for individuals affected by results of programmes

The agencies involved in an authorised information matching programme shall establish reasonable procedures for confirming the validity of discrepancies...

eBOOK ● NZPA-SCHEDULE 4 ● KNOWLEDGE BANK 

July 30, 2019

Information matching rules: Technical standards

The agency primarily responsible for the operation of an authorised information matching programme shall establish and maintain detailed technical standards...

eBOOK ● NZPA-SCHEDULE 4 ● KNOWLEDGE BANK 

July 30, 2019

Information matching rules: On-line transfers

Except with the approval of the Commissioner, information transferred between agencies for the purposes of an authorised information...

eBOOK ● NZPA-SCHEDULE 4 ● KNOWLEDGE BANK 

July 30, 2019

Information matching rules: Use of unique identifiers

Except as provided in any other enactment, unique identifiers shall not be used as part of any authorised information...

eBOOK ● NZPA-SCHEDULE 4 ● KNOWLEDGE BANK 

July 30, 2019

Information matching rules: Notice to individuals affected

The income of the Commissioner shall be exempt from income tax...

eBOOK ● NZPA-SCHEDULE 4 ● KNOWLEDGE BANK 

July 30, 2019

Provisions applying in respect of Commissioner: Exemption from income tax

The income of the Commissioner shall be exempt from income tax...

eBOOK ● NZPA-SCHEDULE 1 ● KNOWLEDGE BANK 

July 30, 2019

Provisions applying in respect of Commissioner: Superannuation or retiring allowances

For the purpose of providing superannuation or retiring allowances for the Commissioner or Deputy Commissioner, the Commissioner may...

eBOOK ● NZPA-SCHEDULE 1 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Transitional provisions and savings. Transitional provision

The person who, immediately before the commencement of this section, was holding office as the Privacy Commissioner under the Privacy Commissioner Act 1991 shall...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Transitional provisions and savings. Savings

For the avoidance of doubt, and without limiting the provisions of the Acts Interpretation Act 1924, it is hereby declared that the repeal, by section 129(2) of this Act...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Transitional provisions and savings. Privacy Commissioner to complete work in progress of Wanganui Computer Centre Privacy Commissioner

Where any request made under section 14(1) of the Wanganui Computer Centre Act 1976...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Transitional provisions and savings. Final report of Wanganui Computer Centre Privacy Commissioner

As soon as reasonably practicable after 1 July 1993, the State Services Commissioner shall arrange for a final report of the Wanganui Computer Centre Privacy Commissioner...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Amendments, repeals, and revocations. Amendment relating to Legislation Act 2012

Section 129B takes effect on the repeal of the Acts and Regulations Publication Act 1989 and the Regulations (Disallowance) Act 1989...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Amendments, repeals, and revocations. Amendments, repeals, and revocations

The enactments specified in Schedule 6 are hereby amended in the manner indicated in that schedule...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Regulations. Power to amend Schedule 5A

The Governor-General may, by Order in Council amend Schedule 5A by making such amendments to the text of the basic principles of national application...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Regulations. Regulations

The Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Liability and offences. Offences

Every person commits an offence against this Act and is liable on conviction to a fine not exceeding $2,000 who...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Liability and offences. Liability of employer and principals

Subject to subsection (4), anything done or omitted by a person as the employee of another person shall, for the purposes of this Act...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Delegations: Delegation of powers by officers of local authority

Any officer or employee of a local authority may from time to time, by writing under that officer’s or employee’s hand, either generally or particularly...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: Delegations. Delegation of powers by local authority

A local authority may from time to time, either generally or particularly, delegate to any officer or employee of the local authority all or any of the powers of the local authority under this Act...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: General. Adverse comment

The Commissioner shall not, in any report or statement made pursuant to this Act or the Crown Entities Act 2004...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: General. Exclusion of public interest immunity

Subject to subsection (2), the rule of law which authorises or requires the withholding of any document, or the refusal to answer any question...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: General. Consultation with Inspector-General of Intelligence and Security

Notwithstanding anything in section 116, the Commissioner may from time to time undertake consultation with the Inspector-General of Intelligence and Security...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: General. Consultation with Health and Disability Commissioner

Notwithstanding anything in section 116, the Commissioner may from time to time undertake consultation with the Health and Disability Commissioner...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: General: Consultation with Ombudsmen

Notwithstanding anything in section 116, the Commissioner may from time to time undertake consultation with an Ombudsman...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: General. Commissioner and staff to maintain secrecy

Every person to whom section 96 applies shall maintain secrecy in respect of all matters that come to that person’s knowledge in the exercise of that person’s functions under this Act...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous provisions: General. Protection against certain actions

Where any personal information is made available in good faith pursuant to principle 6...

eBOOK ● NZPA-PART 12 ● KNOWLEDGE BANK 

July 30, 2019

Transfer of personal information outside New Zealand: Application of Human Rights Act 1993

Section 87 and Part 4 of the Human Rights Act 1993 apply, with all necessary modifications (if any), in relation to proceedings under section 114G as if they were proceedings under that Act...

eBOOK ● NZPA-PART 11A ● KNOWLEDGE BANK 

July 30, 2019

Transfer of personal information outside New Zealand: Appeals against transfer prohibition notice

An agency on whom a transfer prohibition notice is served may appeal to the Human Rights Review Tribunal...

eBOOK ● NZPA-PART 11A ● KNOWLEDGE BANK 

July 30, 2019

Transfer of personal information outside New Zealand: Offence in relation to transfer prohibition notice

Every person who, without reasonable excuse, fails or refuses to comply with a transfer prohibition notice commits an offence and is liable on conviction to a fine not exceeding $10,000...

eBOOK ● NZPA-PART 11A ● KNOWLEDGE BANK 

July 30, 2019

Transfer of personal information outside New Zealand: Commissioner may vary or cancel notice

If, at any time, the Commissioner considers that all or any of the provisions of a transfer prohibition notice served on an agency need not be complied with...

eBOOK ● NZPA-PART 11A ● KNOWLEDGE BANK 

July 30, 2019

Transfer of personal information outside New Zealand: Transfer prohibition notice

A prohibition under section 114B(1) is to be effected by the service of a transfer prohibition notice on the agency proposing to transfer the personal information concerned....

eBOOK ● NZPA-PART 11A ● KNOWLEDGE BANK 

July 30, 2019

Transfer of personal information outside New Zealand: Commissioner’s power to obtain information

To enable the Commissioner to determine whether to prohibit a transfer of personal information, the Commissioner...

eBOOK ● NZPA-PART 11A ● KNOWLEDGE BANK 

July 30, 2019

Transfer of personal information outside New Zealand: Prohibition on transfer of personal information outside New Zealand

The Commissioner may prohibit a transfer of personal information from New Zealand to another State if the Commissioner is satisfied, on reasonable grounds, that...

eBOOK ● NZPA-PART 11A ● KNOWLEDGE BANK 

July 30, 2019

Transfer of personal information outside New Zealand: Interpretation

In this Part, unless the context otherwise requires OECD Guidelines...

eBOOK ● NZPA-PART 11A ● KNOWLEDGE BANK 

July 30, 2019

Law enforcement information: Expiry of power to amend Schedule 5 by Order in Council

Section 113 shall expire on 1 July 1997, but the expiration of that section shall not affect the validity of any Order in Council that has been made under that section...

eBOOK ● NZPA-PART 11 ● KNOWLEDGE BANK 

July 30, 2019

Law enforcement information: Local authorities may be authorised to have access to law enforcement information

The responsible Minister may from time to time, by notice in the Gazette, authorise any local authority to have access to law enforcement information held by a holder agency...

eBOOK ● NZPA-PART 11 ● KNOWLEDGE BANK 

July 30, 2019

Law enforcement information: Access by accessing agencies to law enforcement information

An accessing agency may have access to law enforcement information held by a holder agency if such access is authorised by the provisions of Schedule 5...

eBOOK ● NZPA-PART 11 ● KNOWLEDGE BANK 

July 30, 2019

Law enforcement information: Relationship between Part 11 and other law relating to information disclosure

This Part does not limit the collection, use, or disclosure of personal information that...

eBOOK ● NZPA-PART 11 ● KNOWLEDGE BANK 

July 30, 2019

Law enforcement information: Interpretation

In this Part, unless the context otherwise requires accessing agency means any public sector agency for the time being specified in Schedule 5...

eBOOK ● NZPA-PART 11 ● KNOWLEDGE BANK 

July 30, 2019

Identity information: Amendment of Schedule 4A

The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner...

eBOOK ● NZPA-PART 10A ● KNOWLEDGE BANK 

July 30, 2019

Identity information: Annual reporting requirement

The chief executive of an accessing agency must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance Act 1989...

eBOOK ● NZPA-PART 10A ● KNOWLEDGE BANK 

July 30, 2019

Identity information: Manner and form of access

Access to identity information permitted under section 109D may be facilitated between a holder agency and an accessing agency in the manner agreed by the agencies...

eBOOK ● NZPA-PART 10A ● KNOWLEDGE BANK 

July 30, 2019

Identity information: Access by agencies to identity information

An accessing agency may, for the purpose specified in the second column of Schedule 4A opposite the name of the accessing agency...

eBOOK ● NZPA-PART 10A ● KNOWLEDGE BANK 

July 30, 2019

Identity information: Interpretation

In this Part, access, in relation to a database, includes remote access to that database...

eBOOK ● NZPA-PART 10A ● KNOWLEDGE BANK 

July 30, 2019

Identity information: Relationship between Part 10A and other law relating to information disclosure

This Part does not limit the collection, use, or disclosure of personal information that...

eBOOK ● NZPA-PART 10A ● KNOWLEDGE BANK 

July 30, 2019

Identity information: Purpose of Part

The purpose of this Part is to authorise accessing agencies, when carrying out specified functions...

eBOOK ● NZPA-PART 10A ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Avoidance of controls on information matching. Avoidance of controls on information matching through use of official information statutes

Notwithstanding anything in the Official Information Act 1982 or the Local Government Official Information and Meetings Act 1987...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Avoidance of controls on information matching. Avoidance of controls on information matching through use of exceptions to information privacy principles

Despite section 97A, if the collection or disclosure of information is authorised by an information matching provision, nothing in subclause (2)(d)(i) of principle 2 or...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Amendment of information matching rules

For the purposes of this Part, the Governor-General may from time to time, by Order in Council, make such amendments to Schedule 4 as the Governor- General thinks fit...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Review of statutory authorities for information matching

As soon as practicable after 1 January 1994, and then at intervals of not more than 5 years, the Commissioner shall...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Information matching programmes to be reported on in annual report

The Commissioner shall include in every annual report of the Commissioner under section 150 of the Crown Entities Act 2004...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Reporting requirements

Every specified agency that is involved in an authorised information matching programme shall make such reports to the Commissioner...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Notice of adverse action proposed

Subject to subsections (1A) to (2A) and to section 180C(1) of the Corrections Act 2004, a specified agency shall not take adverse action against any individual...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Extension of time limit

Where a specified agency derives or receives information produced by an authorised information matching programme, the Commissioner may...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Further provisions relating to results of information matching programme

Notwithstanding anything in section 100, where a specified agency derives or receives information produced...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Use of results of information matching programme

Subject to any other enactment or rule of law that limits or restricts the information that may be taken into account in taking adverse action against an individual...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Authorised information matching programmes. Information matching agreements

No personal information held by any specified agency shall be disclosed, pursuant to an information matching provision...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Information matching guidelines. Information matching guidelines

The following matters are the matters referred to in section 13(1)(f) to which the Commissioner shall have particular regard...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Interpretation. Relationship between Part 10 and other law relating to information disclosure

This Part does not limit the collection...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Information matching: Interpretation. Interpretation

In this Part, unless the context otherwise requires...

eBOOK ● NZPA-PART 10 ● KNOWLEDGE BANK 

July 30, 2019

Miscellaneous: Power to amend Schedule 2A

Without limiting the matters that an Order in Council made under section 96J must insert into Schedule 2A in accordance with section 96L(3), the Governor...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Review of approved information sharing agreement. Relevant Minister must present to House of Representatives copy of report under section 96X(1) and report setting out Government’s response

The relevant Minister must present a copy of a report under section 96X(1) to the House of Representatives...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Review of approved information sharing agreement. Report on findings of review

After completing a review under section 96W, the Commissioner may report to the relevant Minister if he or she has reasonable grounds to suspect that an approved information...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Review of approved information sharing agreement. Review of operation of approved information sharing agreement

The Commissioner may, on his or her own initiative, conduct a review of the operation of an approved information sharing agreement...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Amendment of approved information sharing agreements. Amendment of approved information sharing agreements

This section applies if the parties to an approved information sharing agreement amend the agreement (whether in accordance with the Commissioner’s recommendation...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Responsibilities of lead agency. Commissioner may specify frequency of reporting by lead agency

The Commissioner may require a lead agency to prepare a report under section 96S(1)(b) either...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Responsibilities of lead agency. Report of lead agency

A report prepared by a lead agency under section 96S(1)(b) must include the matters prescribed in regulations made under this Act that the Commissioner...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Responsibilities of lead agency. Responsibilities of lead agency

A lead agency for an information sharing agreement must, if the agreement is approved by Order in Council under section 96J(1)...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Notice of adverse action. When requirement to give notice of adverse action applies

The requirement to give notice under section 96Q applies unless...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Matters relating to operation of approved information sharing agreements: Notice of adverse action. Requirement to give notice of adverse action

A party to an approved information sharing agreement must give written notice to an individual before it takes any adverse action against the individual on the basis...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Commissioner’s report on approved information sharing agreement. Commissioner may prepare and publish report on approved information sharing agreement

If an information sharing agreement is approved by Order in Council, the Commissioner may prepare a report to the relevant Minister on any matter relating to privacy...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Procedure for recommending Order in Council. Consultation on proposed information sharing agreement

The agencies proposing to enter into an information sharing agreement must, before the proposed agreement is concluded...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Procedure for recommending Order in Council. Matters to which relevant Minister must have regard before recommending Order in Council

Before recommending the making of an Order in Council, the relevant Minister must...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Approval of information sharing agreements. Application of Legislation Act 2012

An Order in Council is a legislative instrument for the purposes of the Legislation Act 2012...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Approval of information sharing agreements. Further provisions about Order in Council

An Order in Council must provide that it comes into force on a date specified in the Order in Council (which must not be a date that is before the date on which it is made)...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Approval of information sharing agreements. Requirements for Order in Council

An Order in Council must state, if applicable,the nature of the exemption...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Approval of information sharing agreements. Governor-General may approve information sharing agreement by Order in Council

The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, approve an information sharing agreement....

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Form and content. Form and content of information sharing agreement

An information sharing agreement must be in writing...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Lead agency. Determining which party is lead agency

If only 1 public sector agency that is a department enters into an information sharing agreement, it must be designated as the lead agency for the agreement...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Parties. Representative parties

An agency that represents the interests of a class of agencies may enter into an information sharing agreement with a department if that agency is...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Parties. Parties to information sharing agreement

Any 2 or more of the following may enter into an information sharing agreement...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Authority for information sharing. Information sharing within agencies

An approved information sharing agreement may authorise a part of an agency to share any personal information with 1 or more parts of...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing agreements: Authority for information sharing. Information sharing between agencies

An approved information sharing agreement may authorise an agency to share any personal information with 1 or more other agencies in accordance with the terms of the agreement...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing: Preliminary matters. Interpretation

In this Part, unless the context otherwise requires adverse action...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing: Preliminary matters. Relationship between Part 9A and other law relating to information disclosure

To avoid doubt, nothing in this Part limits the collection, use, or disclosure of personal information...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Information sharing: Preliminary matters. Purpose of Part

The purpose of this Part is to enable the sharing of personal information to facilitate the provision of public services...

eBOOK ● NZPA-PART 9A ● KNOWLEDGE BANK 

July 30, 2019

Proceedings of Commissioner: Proceedings privileged

This section applies to the Commissioner adn every person...

eBOOK ● NZPA-PART 9 ● KNOWLEDGE BANK 

July 30, 2019

Proceedings of Commissioner: Disclosures of information, etc

Subject to subsection (2) and to section 94, any person who is bound by the provisions of any enactment to maintain secrecy in relation to...

eBOOK ● NZPA-PART 9 ● KNOWLEDGE BANK 

July 30, 2019

Proceedings of Commissioner: Protection and privileges of witnesses, etc

Except as provided in section 119, every person shall have the same privileges in relation to the giving of information to, the answering of questions put by...

eBOOK ● NZPA-PART 9 ● KNOWLEDGE BANK 

July 30, 2019

Proceedings of Commissioner: Extension of time limit

Where any requirement to which section 92 applies is made to any agency, the agency may extend the time limit set out in subsection (2) of that section in respect of that requirement if...

eBOOK ● NZPA-PART 9 ● KNOWLEDGE BANK 

July 30, 2019

Proceedings of Commissioner: Compliance with requirements of Commissioner

This section applies in every case where, during the course of an investigation under Part 8 of any decision of any agency in relation to an information privacy request, the Commissioner...

eBOOK ● NZPA-PART 9 ● KNOWLEDGE BANK 

July 30, 2019

Proceedings of Commissioner: Evidence

he Commissioner may summon before him or her and examine on oath any person who in the Commissioner’s opinion is able to give information relevant to...

eBOOK ● NZPA-PART 9 ● KNOWLEDGE BANK 

July 30, 2019

Proceedings of Commissioner: Procedure

Every investigation under Part 8 by the Commissioner shall be conducted in private...

eBOOK ● NZPA-PART 9 ● KNOWLEDGE BANK 

July 30, 2019

Proceedings before Human Rights Review Tribunal: Certain provisions of Human Rights Act 1993 to apply

Sections 92Q to 92W and Part 4 of the Human Rights Act 1993 shall apply, with such modifications as are necessary...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings before Human Rights Review Tribunal: Damages

In any proceedings under section 82 or section 83, the Tribunal may award damages against the defendant for an interference...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings before Human Rights Review Tribunal: Proof of exceptions

Where, by any provision of the information privacy principles or of this Act or of a code of practice issued under section 46 or section 63...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings before Human Rights Review Tribunal: Right of Director of Human Rights Proceedings to appear in proceedings

Whether or not the Director of Human Rights Proceedings is or was a party to the proceedings before the Human Rights Review Tribunal...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings before Human Rights Review Tribunal: Powers of Human Rights Review Tribunal

If, in any proceedings under section 82 or section 83, the Tribunal is satisfied on the balance of probabilities that any action of the defendant...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings before Human Rights Review Tribunal: Remedies that may be sought

In any proceedings before the Human Rights Review Tribunal, the Director of Human Rights Proceedings or the aggrieved individual (as the case may be)...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings before Human Rights Review Tribunal: Aggrieved individual may bring proceedings before Human Rights Review Tribunal

Notwithstanding section 82(2), the aggrieved individual (if any) may himself or herself bring proceedings before the Human Rights Review Tribunal against a person to...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings before Human Rights Review Tribunal: Proceedings before Human Rights Review Tribunal

This section applies to any person in respect of whom an investigation has been conducted under this Part...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Special procedure relating to intelligence and security agencies: Special procedure relating to intelligence and security agencies

Nothing in sections 76, 77, and 82 to 89 applies to any complaint made under this Part in relation to an action of an intelligence and security agency...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings of Commissioner: Commissioner to report breach of duty or misconduct

If, during or after any investigation, the Commissioner is of the opinion that there is evidence of any significant breach of duty or misconduct...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings of Commissioner: Breaches of certain principles occurring before 1 July 1996

This section applies to any interference with the privacy of an individual involving a breach of any of principles 1, 2, 3, 4, 8, 9, 10, and 11...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings of Commissioner: Procedure in relation to charging

Notwithstanding anything in section 77, where the Commissioner, after making any investigation under this Part...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings of Commissioner: Procedure after investigation

Where the Commissioner, after making any investigation under this Part, is of the opinion...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings of Commissioner: Compulsory conferences

The Commissioner may call a conference of the parties to a complaint by...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings of Commissioner: Parties to be informed of result of investigation

Where any investigation is made following a complaint, the Commissioner shall conduct the investigation with due expedition...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings of Commissioner: Settlement of complaints

Where it appears from a complaint, or any written response made in relation to a complaint under section 73(b)(ii)...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Proceedings of Commissioner: Proceedings of Commissioner

Before proceeding to investigate any matter under this Part, the Commissioner...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Investigations by Commissioner: Referral of complaint to overseas privacy enforcement authority

Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Investigations by Commissioner: Referral of complaint to Inspector-General of Intelligence and Security

Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Investigations by Commissioner: Referral of complaint to Health and Disability Commissioner

Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Investigations by Commissioner: Referral of complaint to Ombudsman

Where, on receiving a complaint under this Part, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Investigations by Commissioner: Commissioner may decide to take no action on complaint

The Commissioner may in his or her discretion decide to take no action or, as the case may require, no further action, on any complaint if, in the Commissioner’s opinion...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Investigations by Commissioner: Action on receipt of complaint

On receiving a complaint under this Part, the Commissioner may investigate the complaint...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Investigations by Commissioner: Investigation of interference with privacy of individual

The functions of the Commissioner under this Part shall be to investigate any action...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Complaints: Mode of complaint

A complaint to the Commissioner may be made either orally or in writing...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Complaints: Complaints

Any person may make a complaint to the Commissioner alleging that any action is or appears to be an interference with the privacy of an individual....

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Interpretation: Interference with privacy

For the purposes of this Part, an action is an interference with the privacy of an individual if, and only if in relation to that individual...

eBOOK ● NZPA-PART 8 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Power to amend Schedule 2 by Order in Council

The Governor-General may from time to time, by Order in Council made on the advice of the responsible Minister given after consultation with the Commissioner...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Effect of code

Where a code of practice issued under section 63 is in force the doing of any action that would otherwise be a breach of a public register privacy principle...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Codes of practice in relation to public registers

The Commissioner may from time to time issue, in relation to any public register, a code of practice....

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Enforceability of principles

The public register privacy principles do not confer on any person any legal right that is enforceable in a court of law...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Complaints relating to compliance with principles

The Commissioner may, on complaint made to the Commissioner by any person or on the Commissioner’s own initiative, inquire into any public register provision...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Application of information privacy principles and public register privacy principles to public registers

Subject to subsection (3), the agency responsible for administering any public register shall, in administering that register...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Charging for access to public register

Personal information shall be made available from a public register for no charge or for no more than a reasonable charge...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Electronic transmission of personal information from register

Personal information in a public register shall not be made available by means of electronic transmission, unless the purpose of the transmission...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Use of information from public registers

Personal information obtained from a public register shall not be re-sorted, or combined with personal information obtained from any other public register...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Search references

Personal information shall be made available from a public register only by search references that are consistent with the manner in which the register is indexed or organised...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Public register personal information: Interpretation

In this Part, unless the context otherwise requires...

eBOOK ● NZPA-PART 7 ● KNOWLEDGE BANK 

July 29, 2019

Specific exemptions: Exemption for intelligence and security agencies

Information privacy principles 2, 3, and 4(b) do not apply to information collected by an intelligence and security agency...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Specific exemptions: Personal information relating to domestic affairs

Nothing in the information privacy principles applies in respect of the collection of personal information by an agency that is an individual...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Specific exemptions: Certain personal information excluded

Nothing in principle 6 or principle 7 applies in respect of personal information in the course of transmission by post, telegram, cable, telex, facsimile transmission...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Specific exemptions: Commissioner may authorise collection, use, or disclosure of personal information

The Commissioner may authorise an agency to collect, use, or disclose personal information, even though that collection...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Codes of practice: Effect of code

Where a code of practice issued under section 46 is in force he doing of any action that would otherwise be a breach of an information privacy principle shall...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Codes of practice: Urgent issue of code

If the Commissioner considers that it is necessary to issue a code of practice under section 46, or to amend or revoke any such code of practice...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Codes of practice: Amendment and revocation of codes

The Commissioner may from time to time issue an amendment or revocation of a code of practice issued under section 46...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Codes of practice: Application of Legislation Act 2012 to codes

All codes of practice issued under section 46 are disallowable instruments, but not legislative instruments...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Codes of practice: Notification, availability, and commencement of code

Where a code of practice is issued under section 46 the Commissioner shall ensure that there is published in the Gazette...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Codes of practice: Notification of intention to issue code

Subject to section 52, the Commissioner shall not issue a code of practice under section 46 unless...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Codes of practice: Proposal for issuing of code of practice

Subject to section 48, the Commissioner may issue a code of practice under section 46 on the Commissioner’s own initiative or on the application of any person....

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Codes of practice: Codes of practice

The Commissioner may from time to time issue a code of practice...

eBOOK ● NZPA-PART 6 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Precautions

Where an information privacy request is made pursuant to subclause (1)(b) of principle 6, the agency...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Reason for refusal to be given

Where an information privacy request made by an individual is refused, the agency shall...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Deletion of information from documents

Where the information in respect of which an information privacy request is made is comprised in a document and there is good reason...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Documents

Where the information in respect of which an information privacy request is made by any individual is comprised in a document...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Extension of time limits

Where an information privacy request is made or transferred to an agency, the agency may extend the time limit set out in section 39 or section 40(1) in respect of the request if...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Decisions on requests

Subject to this Act, the agency to which an information privacy request is made or transferred in accordance with this Act shall, as soon as reasonably practicable...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Transfer of requests

Where an information privacy request is made to an agency or is transferred to an agency in accordance with this section...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Assistance

It is the duty of every agency to give reasonable assistance to an individual, who wishes to make an information privacy request...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Urgency

If an individual making an information privacy request asks that his or her request be treated as urgent, that individual shall give his or her reasons why the request should be treated as urgent...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Commissioner may authorise public sector agency to charge

Where a public sector agency satisfies the Commissioner that the agency is commercially disadvantaged...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Charges

Subject to section 36, a public sector agency shall not require the payment, by or on behalf of any individual who wishes to make an information privacy request, of any charge in respect of...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Individuals may make information privacy requests

An information privacy request may be made only by an individual...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Procedural provisions relating to access to and correction of personal information: Application

This Part applies to the following requests (in this Act referred to as information privacy requests)...

eBOOK ● NZPA-PART 5 ● KNOWLEDGE BANK 

July 29, 2019

Good reasons for refusing access to personal information: Information concerning existence of certain information

Where a request made pursuant to principle 6 relates to information to which section 27 or section 28 applies...

eBOOK ● NZPA-PART 4 ● KNOWLEDGE BANK 

July 29, 2019

Good reasons for refusing access to personal information: Refusal not permitted for any other reason

Subject to sections 7, 31, and 32, no reasons other than 1 or more of the reasons set out in sections 27 to 29 justifies a refusal to disclose any information requested pursuant to principle 6...

eBOOK ● NZPA-PART 4 ● KNOWLEDGE BANK 

July 29, 2019

Good reasons for refusing access to personal information: Other reasons for refusal of requests

An agency may refuse to disclose any information requested pursuant to principle 6 if...

eBOOK ● NZPA-PART 4 ● KNOWLEDGE BANK 

July 29, 2019

Good reasons for refusing access to personal information: Trade secrets

Subject to subsection (2), an agency may refuse to disclose any information requested pursuant to principle 6 if the withholding of the information is necessary to protect information...

eBOOK ● NZPA-PART 4 ● KNOWLEDGE BANK 

July 29, 2019

Good reasons for refusing access to personal information: Security, defence, international relations, etc

An agency may refuse to disclose any information requested pursuant to principle 6 if the disclosure of the information would be likely...

eBOOK ● NZPA-PART 4 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Review of operation of Act

As soon as practicable after the expiry of the period of 3 years beginning on the commencement of this section, and then at intervals of not more than 5 years, the Commissioner shall...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Further provisions relating to Commissioner

The provisions of Schedule 1 shall have effect in relation to the Commissioner and the Commissioner’s affairs...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Annual report

Without limiting the right of the Commissioner to report at any other time, but subject to section 120, the annual report of the Commissioner under section 150...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Privacy officers

It shall be the responsibility of each agency to ensure that there are, within that agency, 1 or more individuals whose responsibilities include...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Commissioner may require agency to supply information

For the purpose of the publication of any directory or any supplementary material pursuant to section 21...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Directories of personal information

The Commissioner may from time to time, as the Commissioner thinks fit, cause to be published 1 or more publications that include all or any of the following information...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Powers relating to declaratory judgments

If at any time it appears to the Commissioner that it may be desirable to obtain a declaratory judgment or order of the High Court in accordance with the Declaratory Judgments...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Holding of other offices

In addition to the matters in section 30(2) of the Crown Entities Act 2004, a member of a local authority is disqualified from being appointed as Commissioner...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Deputy Commissioner

In the performance of his or her functions, and the exercise of his or her powers, under this Act, the Commissioner shall...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Commissioner to have regard to certain matters

In the performance of his or her functions, and the exercise of his or her powers, under this Act, the Commissioner shall...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Functions of Commissioner

The functions of the Commissioner shall be to promote...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Privacy Commissioner: Privacy Commissioner

There shall be a Commissioner called the Privacy Commissioner...

eBOOK ● NZPA-PART 3 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Enforceability of principles

The entitlements conferred on an individual by subclause (1) of principle 6, in so far as that subclause relates to personal information held by a public sector agency...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Application of principles to information held overseas

For the purposes of principle 5 and principles 8 to 11, information held by an agency includes information that is held outside New Zealand by that agency...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Postponement of application of principle 11 to lists used for direct marketing

Nothing in principle 11 shall apply, before 1 July 1996, in relation to the disclosure, by any agency, of personal information collected...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Application of information privacy principles

Subject to subsection (4), principles 1 to 4 apply only in relation to information collected after the commencement of this section...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Savings

Nothing in principle 6 or principle 11 derogates from any provision that is contained in any enactment and that authorises or requires personal information to be made available...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Unique identifiers

An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Limits on disclosure of personal information

An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Limits on use of personal information

An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless the agency believes...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Agency not to keep personal information for longer than necessary

An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may lawfully be used...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Accuracy, etc, of personal information to be checked before use

An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Correction of personal information

Where an agency holds personal information, the individual concerned shall be entitled to request correction of the information...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Access to personal information

Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Storage and security of personal information

An agency that holds personal information shall ensure that the information is protected...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Manner of collection of personal information

Personal information shall not be collected by an agency by unlawful means...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Collection of information from subject

Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Source of personal information

Where an agency collects personal information, the agency shall collect the information directly from the individual concerned...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Information privacy principles: Purpose of collection of personal information

Personal information shall not be collected by any agency unless the information is collected for a lawful purpose connected with a function or activity of the agency...

eBOOK ● NZPA-PART 2 ● KNOWLEDGE BANK 

July 29, 2019

Preliminary provisions: Act to bind the Crown

This Act binds the Crown.,...

eBOOK ● NZPA-PART 1 ● KNOWLEDGE BANK 

July 29, 2019

Preliminary provisions: Actions of, and disclosure of information to, staff of agency, etc

For the purposes of this Act, an action done by, or information disclosed to, a person employed by,...

eBOOK ● NZPA-PART 1 ● KNOWLEDGE BANK 

July 29, 2019

Preliminary provisions: Information held by agency

Subject to subsection (2), information that is held by an officer or employee or member of an agency in that person’s capacity as such an officer or employee or member...

eBOOK ● NZPA-PART 1 ● KNOWLEDGE BANK 

July 29, 2019

Preliminary provisions: Interpretation

In this Act, unless the context otherwise requires action, includes...

eBOOK ● NZPA-PART 1 ● KNOWLEDGE BANK 

July 29, 2019

APP COMPLIANCE ● GDPR COMPLIANCE

©2007-2022 GDPA

SHARE YOUR KNOWLEDGE

Submit your article
Article will be submitted and published after review.

You are not allowed to submit content, please register or sign in.

Q: Will my membership with GDPA reduce my Insurance premium?

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

Q: Will I get fined for non-compliance?

Let’s not kid ourselves, the biggest threat to organisations from GDPR is running the risk of massive fines.

In saying that, GDPR law is not about handing our fines, it’s about putting the rights of the individual first.

Before a fine is handed out, a serious of sanctions take place.

Whilst it may not be financial to begin with, it will definitely place a massive dent in the reputation of the offending party. When you lose the trust with your audience and/or your staff, it’s pretty much game over.

One thing is for certain, there is no room for complacency, not matter where in the world you are.

 question sent in by Zachary.T from Singapore

Q: Why isn’t GDPR Registrar a free service?

As much as we would like to make it a free platform, it would be beyond our personal financial ability in doing so.

We researched extensively to find the fair price medium, one that will make it a value added incentive on your behalf and one that would maintain the costs in operating and evolving this site.

Bottom line is we have settled on a pricing model for the many and not for the few.

question sent in by Joyce.T from Ireland

Q: Why are your membership prices so low?

Knowledge has no price limit and yes we could quite easily charge more.

The reason we don’t is simple. This platform has been designed to offer the tools to the many and not the few. We believe our pricing structure is fair and affordable to everyone, without compromising on our objectives to our members and to our purpose of existence.

If you wish to shout our team a cup of coffee then we won’t say no. Simply spin the wheel below to see how many of our staff will enjoy your shout.

So you know, its €1 per shout.

[wof_wheel id=”2854″]
 question sent in by Mo Chou from China

Q: Who does GDPR apply to?

GDPR applies to anyone that applies, handles, processes, and/or monitors personal data of residents (full-time or temporary including foreign tourists) within the European Union, no matter where in the world this activity is conducted from.

Furthermore, it matters not whether you hold onto the data for 1 minute or 10 years.

 question sent in by Andrea.F from Australia

Q: Who do GDPR privacy protocols apply to?

GDPR protocols apply to all forms of relationships where in concerns European Union Residents (full-time or temporary including foreign tourists).

The types of relationship fall under 3 categories:

✍ B2B (business to business) where third party relationships are involved in the processing of personal data.

✍ B2C (business to consumer) where you are required to demonstrate responsibility towards personal data.

✍ B2E (business to employee) where the data you hold on current, past and prospective employees is managed within the boundaries of GDPR protocols.

 question sent in by John.K from Belgium

Q: Who can I email?

To clear the air and any confusion, you can email both B2B (Business to Business) and B2C (Business to Consumer) based on the following parameters:

 B2B (Business to Business) in 5 steps

  1. Make sure the business you are targeting is relevant to your email.
  2. Define your legitimate interest when emailing them.
  3. Allow them to unsubscribe easily and/or to opt-out of future emails.
  4. Keep your database clean and up to date.
  5. Make sure the business email is not a personal name, example:
    • wrong: john@businessname.com (unless you have prior consent)
    • wrong: mary@businessname.com (unless you have prior consent)
    • right: info@businessname.com
    • right: support@businessname.com
    • right: contact@businessname.com
    • right: enquiry@businessname.com
    • right: hr@businessname.com
    • right: marketing@businessname.com
    • right: ceo@businessname.com
    • etc…

 B2C (Business to Consumer) in 5 steps

  1. Don’t pressure or confuse individuals to grant you consent by making it a pre-requisite for signing up to your site and/or service. Keep it simple and let them decide.
  2. Adjust your lead generation and consent forms, permitting the users to opt-in freely, be specific, keep it simple, and easy to understand.
  3. When collecting data for multiple marketing channels (sms, postal mail, email…) give the user the option to pick which channels they wish to receive communications from you. Provide separate options for each channel.
  4. Be clear with your audience should the information you collect from them is likely to be shared with 3rd parties.
  5. Allow them to unsubscribe easily and/or to opt-out of future emails.
question sent in by Nicole.D from Greece

Q: What rights will individuals have under privacy laws such as the GDPR?

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

Q: What responsibilities will companies have under the privacy laws such as the GDPR?

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Q: What personal information can I ask for?

As a data subject (that’s how you are referred to), GDPR presents you with 8 rights to which you can make a specific request and be assured that your personal data is not being misused for purposes other than the legitimate purpose for which it was originally provided by you to the entity.

A data subject is referred to as an individual:

♀ ♂ Candidate
♀ ♂ Client
♀ ♂ Commuter
♀ ♂ Consumer
♀ ♂ Contractor
♀ ♂ Creditor
♀ ♂ Customer
♀ ♂ Debtor
♀ ♂ Employee
♀ ♂ End User
♀ ♂ Guest
♀ ♂ Individual
♀ ♂ Job Applicant
♀ ♂ Patron
♀ ♂ Prospect
♀ ♂ Purchaser
♀ ♂ Representative
♀ ♂ Tenant
♀ ♂ Tourist
♀ ♂ Vacationer
♀ ♂ Vendor
♀ ♂ Visitor

A data subject has 8 legal rights of request, including:

1: Right to Object:  The right to object to the processing of ♀ or ♂ personal data.

2: Right to be Forgotten: The right to ask for the deletion of ♀ or ♂ data, also referred to as the “right to erasure”.

3: Right to Access: The right to get access to ♀ or ♂ personal data that is being processed.

4: Right to Withdraw Consent: The right to withdraw a previously given consent for processing of ♀ or ♂ personal data for a purpose.

5: Right to Object to Automated Processing: The right to object to a decision based on automated processing including Machine Learning and Artificial Intelligence of ♀ or ♂ personal data.

6: Right to Rectification: The right to ask for modifications to ♀ or ♂ personal data in case the data subject believes that this personal data is not up to date or accurate.

7: Right to Data Portability: The right to ask for the transfer of ♀ or ♂ personal data in a machine-readable electronic format.

8: Right to Information: The right to ask a company for information about what ♀ or ♂ personal data is being processed and the reasoning for such processing.

This right given to you by GDPR is referred to as DSAR (Data Subject Access Request).

A DSAR can be made by an individual or an individual’s appointed representative. Such requests are made in writing and mailed to the entities registered GDPR Postal address and/or via Email.

Important to note that the violating entity must have a registered address within the EU to receive GDPR mail (irrelevant if the request is sent by post or via email).

question sent in by Angela.S from Greece

Q: What is the process for me to demonstrate that I comply with privacy laws such as the GDPR and how do I notify all my suppliers, customers, employees and stakeholders that I am complaint ?

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Q: What is pseudonymization?

It’s when digitally stored data (information entered via a computer, mobile device, laptop, etc…) is encrypted in such a way where it makes it impossible for unauthorized people to trace it back to an individual.

The 5 key methods used to achieve pseudonymization are:

♒ Encryption (involving the rendering of the original data as unreadable and which cannot be rendered readable without an encryption key)

♒ Tokenization (involving the substitution of sensitive data elements with a non-sensitive elements, that hold no extrinsic or exploitable meaning or value)

♒ Blurring (involving obfuscation just like media outlets rendering the faces of anonymous sources unrecognizable)

♒ Masking (involving the masking of data where it still permits you to identify the data “example a credit card: XXXX XXXX XXXX 1964” without identifying the individual )

♒ Scrambling (involving a combination or obfuscation of alpha/numeric characters)

question sent in by Vincent.X from Sweden

Q: What is Personal Data?

Personal Data is any information relating to an identified or identifiable natural person (otherwise referred to as a ‘data subject’).

An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, identification number, location data, online identifiers or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

Here is an extensive list of Personal Data:

✍ Activity on the site
✍ Age
✍ Arrest records
✍ Bank account
✍ Bankruptcies
✍ Bio-metric identifiers
✍ Birth certificate
✍ Browser
✍ Browsing history (elsewhere online)
✍ Car insurance records
✍ Cell/Mobile phone
✍ Chat history (elsewhere online)
✍ Children’s names
✍ City of birth
✍ Cloud storage files
✍ Contacts list
✍ Cookies
✍ Credit card number
✍ Credit report
✍ Criminal offenses & convictions
✍ Current employer
✍ Current home address
✍ Current income
✍ Current location (physical)
✍ Daily life activities
✍ Date of birth
✍ Debit card number
✍ Device ID / MAC address
✍ Digital fingerprint
✍ Donations to organizations
✍ Driver’s license / state ID
✍ Education history
✍ Email records
✍ Employment history
✍ Event attendance
✍ Eye color
✍ Face photographs
✍ Facial geometry
✍ Family health history
✍ Fingerprints
✍ First name
✍ Friends’ names
✍ Gender
✍ Genetic information
✍ Hair color
✍ Handwriting
✍ Health insurance records
✍ Height
✍ Home phone
✍ Home value
✍ Homeowner status
✍ HR issues & disciplinary actions
✍ Income history
✍ Investment records
✍ IP address
✍ ISP (internet service provider)
✍ Judgements
✍ Language preference
✍ Last name
✍ Length of current residence
✍ Liens
✍ Life insurance records
✍ Likes & ratings
✍ Loan records
✍ Location history (physical)
✍ Maiden name
✍ Marital status
✍ Media preferences
✍ Medical card number
✍ Medical records
✍ Messages on the site
✍ Nationality
✍ Number of people in household
✍ Occupation
✍ Operating system
✍ Other financial statements
✍ Other identifying photographs
✍ Other names used
✍ Pardons
✍ Parents’ names
✍ Passport information
✍ Password
✍ Performance evaluations
✍ Personal email address
✍ Pets & animals
✍ Phone call records
✍ Photo location data
✍ Physical or mental disability
✍ PIN number
✍ Political affiliations & opinions
✍ Political party affiliation
✍ Postal activity
✍ Power of attorney
✍ Prescriptions
✍ Previous addresses
✍ Professional license records
✍ Property records
✍ Racial & ethnic origin
✍ Recreational license records
✍ Reference interviews
✍ Religion & philosophical beliefs
✍ Retina scan
✍ Schools attended
✍ Search history (elsewhere)
✍ Search history on the site
✍ Security question & answer
✍ Sexual orientation
✍ Sexual partners
✍ Shopping & purchase history (elsewhere online)
✍ Shopping & purchase history (offline)
✍ Shopping & purchase history (on the site)
✍ Siblings’ names
✍ Signature
✍ Social media accounts
✍ Social media posts & history
✍ Social security / social insurance number
✍ Spouse name
✍ Surveys (online)
✍ Surveys (offline)
✍ Tax file number
✍ Tax returns
✍ Text message history
✍ Third-party login
✍ Topics of interest
✍ Trade union membership
✍ Username
✍ Vehicle registration records
✍ Veteran status
✍ Video footage
✍ Voice recording
✍ Voice signature
✍ Voter registration records
✍ Website
✍ Weight
✍ Work address
✍ Work email address
✍ Work phone
✍ Writing sample (electronic)

list compiled by TIM BOUCHER
question sent in by Fei Hung from China

Q: What is GDPRs global reach?

The impact of GDPR is global.

GDPR is a legal chapter established by the European Union and affects directly any entity worldwide that that applies, handles, processes, and/or monitors personal data of residents (full-time or temporary including foreign tourists) within the European Union, no matter where in the world this activity is conducted from. Simply put, you cannot hide from it or avoid it.

Currently, over 23,000,000 companies worldwide in 191 countries conduct some form of business activity which involves European Union residents. Chances are you’re one of these companies.

Here are the 3 key questions you need to immediately ask yourself:

  1. Do you have a registered mailing address within the European Union for all your GDPR related matters?
  2. Do you have someone with exceptional GDPR knowledge and data protection experience within the European Union to be your first line of contact regarding GDPR related matters?
  3. Have you taken the first basic steps towards GDPR compliance?

If you answered NO to any one of the 3 questions then we can assist you. GDPR Registrar is designed to provide the platform for entities such as yourself to commit to compliance and to be registered & represented within the European Union as required by law.

For further details CLICK HERE.

question sent in by Theresa.C from Dubai

Q: What is biometrics?

Biometrics is the measurement and statistical analysis of people’s unique physical and behavioral characteristics. The technology is mainly used for identification and access control, or for identifying individuals who are under surveillance.

The basic premise of biometric authentication is that every person can be accurately identified by his or her intrinsic physical or behavioral traits.

Biometric identifiers are divided into 2 categories, Behavioral and Physiological.

♀♂Behavioral characteristics are related to the pattern of behavior of a person, including but not limited to typing rhythm, gait, and voice, otherwise referred to as behaviometrics.

♀♂Physiological characteristics are related to the shape of the body, including but not limited to fingerprint, palm veins, face recognition, DNA, palm print, hand geometry, iris recognition, retina and odor and/or scent.

Examples of biometrics include token-based identification systems, such as a driver’s license or passport, and knowledge-based identification systems, such as a password or personal identification number.

Since biometric identifiers are unique to individuals, they are more reliable in verifying identity than token and knowledge-based methods; however, the collection of biometric identifiers raises privacy concerns about the ultimate use of this information.

question sent in by Marylin.S from Canada

Q: What information can’t I ask for?

You don’t have the right to make a request and gain access to the information of a 3rd party individual, unless you have been properly appointed as the authorized representative of the original individual seeking access to their information.

The entity receiving your request requires:

  1. sufficient evidence on your behalf to verify the identity of the data subject making such a request and
  2. sufficient details on your behalf so it can locate your request.

If the responsible person refuses your Data Subject Access Request on behalf of the entity, they must clearly set out in writing the reasons for the rejection.

If you are not satisfied with the outcome of your request, then you have the right to ask the entity for the details to their independent DPO (Data Protection Officer) to review your case.

question sent in by Frank.A from UK

Q: What if we cannot afford the costs to comply?

One thing people forget, and we wish to make this very clear, especially for small to medium size businesses. GDPR is not designed to put you out of business!!! 

GDPR requires you to DEMONSTRATE that you are committed in working towards being compliant.

Don’t act from a position of fear, that’s the biggest and most costly mistake you’ll make.

Do yourself a favor:

  1. Take a step back.
  2. Take a deep breath.
  3. Take a structured approach towards compliance.

When you register for free with us, we’ll give you your free step-by-step plan of action. CLICK HERE TO REGISTER FOR FREE .

We’re not going to lie to you, once you have gone through the plan, you will most likely become a registered member with us and/or with another quality organization for reasons that will become clear to you.

question sent in by Mario.D from Italy

Q: What does GDPR mean for social media strategies?

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Q: What does GDPR and privacy laws mean for property marketers?

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Q: What do you need to do if you own or manage property?

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Q: What do you do with my information?

We use your information in fulfilling our obligations to you as a member and as permitted to us via GDPR Article 6 “Lawfulness of Processing”, where the processing shall be lawful only if and to the extent that at least one of the following applies:

✍ the data subject has given consent to the processing of his or her personal data for one or more specific purposes;

✍ processing is necessary for the performance of a contract to which the data subject is party or in order to take steps at the request of the data subject prior to entering into a contract;

✍ processing is necessary for compliance with a legal obligation to which the controller is subject;

✍ processing is necessary in order to protect the vital interests of the data subject or of another natural person;

✍ processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller;

✍ processing is necessary for the purposes of the legitimate interests pursued by the controller or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject which require protection of personal data, in particular where the data subject is a child. (shall not apply to processing carried out by public authorities in the performance of their tasks.)

We don’t abuse, take unlawful advantage or compromise your trust when you provide your information to us, and as such:

☑ We don’t share your information with 3rd parties, unless it is required to complete your request. (One example is when you file a complaint against a third party via our platform, we may be required to share your information with relevant 3rd parties to address your DSAR complaint.)

☑ We don’t sell your information to 3rd parties, period!

☑ We don’t ask or gather irrelevant information from you just for the hell of it.

☑ We don’t hold onto your credit-card information and will never ask for your credit card details. (All payments made by you to us will be via Paypal or Stripe gateways or Direct Bank Transfer.)

☑ We don’t make deliberate errors, therefore if you find something on our site not to be right, feel free to tell us and we’ll address it.

☑ We don’t proclaim to be perfect, though perfection is something we continually strive for.

☑ We don’t display your personal name on our site publicly unless you have given us explicit consent.

☑ We don’t share your details with co-workers within our organization unless they have a legitimate interest within their role.

☑ We don’t store your information on physical servers outside of the European Union.

☑ We don’t spam!

☑ We don’t work with entities that do not comply to GDPR Regulations.

question sent in by Elizabeth.B from UK

Q: What do we need to understand about GDPR?

As someone that handles personal data of residents (full-time or temporary including foreign tourists) within the European Union, you need to:

☑ Fully understand on how you use your data.

☑ Make certain that you’re incorporating GDPR into your data management.

☑ Conduct a thorough evaluation of your current & future data requirements.

☑ Assess the capabilities in managing such data.

☑ Be prepared to execute major changes in how you manage your data.

question sent in by David.M from Hong Kong

Q: What do I need to keep in mind about GDPR?

The top 12 key factors to keep in mind about GDPR protocols regrading European Union Residents (EURs) (full-time or temporary including foreign tourists) within the European Union, no matter where in the world this activity is conducted from include:

☑ Handling data on EURs.

☑ Offering goods and/or services to EURs.

☑ Monitoring and/or tracking the activities of EURs.

☑ Conducting any form of business or commercial activities with EURs.

☑ How serious you are about doing the right thing with EURs data.

☑ How you store EURs data.

☑ How you process EURs data.

☑ How you access EURs data.

☑ How you transfer EURs data.

☑ How you disclose EURs data.

☑ How you interact with EURs data.

☑ How you react to an infringement on EURs data.

question sent in by Patricia.Z from Hong Kong

Q: What are the principles of GDPR based on?

The principles are based on entities being responsible in considering what accountability they may or may not need to comply with. This is strictly based on the unique and specific circumstances of their activities and how they utilize the data they receive.

Each entities principles of compliance will differ according to interpretation and circumstances. The core principle is being able to demonstrate that you are committed to GDPR Compliance and are being proactive in achieving this target, whilst being able to demonstrate it when required.

Taking this approach will direct you in the right direction towards compliance.

 question sent in by Frances.R from USA

Q: What are cookies?

Cookies are small pieces of data stored on a user’s device which allow websites to perform specified actions or preferences.

Cookies are divided 5 categories:

☀ Targeted Cookies: Used to deliver multiple types of targeted digital ads. They store your user data and behavioral information, allowing advertising services to target you within specified audience groups according to variables including but not limited to: ✍age ✍gender ✍location ✍personal interests ✍website habits ✍search engine habits ✍social media habits, just to name a few.

☀ Necessary Cookies: Used by a website to deliver you the information and services they offer in a secure and optimized manner. In most cases, you must accept these “necessary cookies” to be able to make use of their online systems.

☀ Functional Cookies: They are essential for a website to work, for example: ✍making sure that you don’t have to keep logging into the website each time you visit a different page ✍keeping track of your shopping cart on the website ✍making sure the online live support maintains contact with you, especially when navigating the site.

☀ Performance Cookies: Used for internal purposes to help the website in providing you with a better user experience. The cookies help the operators of the website to better understand how it’s used by visitors, shoppers and members. From this information they can improve the way the site works and deliver better content to you. One example is when they use an external company such as Google to perform such an analysis via their services. In this instance, they may set third party cookies to enable this to function correctly.

☀ Undefined Cookies: This is something of a hit and miss scenario as undefined cookies can come from a number of factors including your personal settings on your device.

You can always run a check as to what cookies a website uses via online tools such as COOKIE METRIX or COOKIEBOT

question sent in by Mandy.Y from Cyprus

Q: My business collects personal information through electronic platfoms such as text messages. Do I need to comply with privacy laws such as GDPR

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Q: Is photography subject to GDPR regulations?

Yes, photography is subject to the GDPR regulations.

You’ll need to have a privacy policy in place and you’ll need to make sure it’s in line with GDPR.

Make sure you have the privacy policy linked to your online pages, including website/s and social pages.

question sent in by Joshua.H from Germany

Q: Is GDPR just a fad?

Once upon a time there were only 2 things certain in life & now there are 3.

The sooner you come to grips with GDPR, the better of you’ll be in the long run.

  1. Define your policies for GDPR compliance
  2. Define your processes for GDPR compliance.
  3. Define your stakeholders for GDPR compliance.
  4. Discover what data you need to protect and manage.
  5. Control the access to your data.
  6. Centralize your data across your organization.

Following these six steps will place you in good standing with GDPR protocols, setting your path towards a bright future with your audience.

Forget bitcoin, trust is the new currency of the future!

question sent in by Beth.V from UK

Q: If my EU representative is based in the UK will I be compliant after Brexit or do I need to nominate a representative outside the UK

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Q: If I’m just a social network user do I need to comply with privacy laws and what are the consequences if I don’t?

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Q: If I have an Instagram account do I need to comply with data protection privacy laws

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Q: If I have a facebook business page do I need to be GDPR compliant?

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Q: I’m just a sole trader who employs contractors from time to time. Do I need to comply with privacy regulations such as the GDPR?

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Q: I’m a trades person and often take before and after shots of the work I do. Do I need to comply with privacy laws such as the GDPR?

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Q: I’m a marketer who advertises products and services and receives enquiries. Do I need to comply with privacy laws such as the GDPR?

Lorem ipsum dolor sit amet, consectetur adipiscing elit, sed do eiusmod tempor incididunt ut labore et dolore magna aliqua. Ut enim ad minim veniam, quis nostrud exercitation ullamco laboris nisi ut aliquip ex ea commodo consequat. Duis aute irure dolor in reprehenderit in voluptate velit esse cillum dolore eu fugiat nulla pariatur. Excepteur sint occaecat cupidatat non proident, sunt in culpa qui officia deserunt mollit anim id est laborum.

Q: I’m a consumer, how do I know that my personal information is protected?

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Q: I’m a business that wants to comply and implement data privacy and protection best practice and I don’t know how to do it. Who will help me do this

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Q: I’m a business that buys and sells products and services on Ebay. Do I need to comply with privacy laws such as the GDPR?

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Q: I’m a business in Australia that orders parts and services from Europe. Do I need to comply with privacy laws such as the GDPR ?

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Q: I have a You tube account, Im a you tube user, post videos, music and other information. Do I need to comply with Privacy Regulations such as the GDPR?

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Q: I have a data base of past customers and enquiries. Can I keep this data base on file?

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Q: How will GDPR and other Privacy laws affect Property managers and Agents?

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Q: How long can someone hold onto my data for?

When it’s for contractual reasons, for example you purchased a product, service, made a donation and actions of similar nature, it generally ranges about 6-7 years.

It’s always good to reach out to the entity to clarify this for you. You’ll find that the majority of companies will be more than happy to answer your question. Keep in mind that they have 30 days to respond to you.

If they don’t, then you can file an official complaint via our online form FILE A COMPLAINT. This service is also part of our free membership.

Here is a great infograph from Erik Underwood c/o TechRepublic, with interesting insights into why your data is being collected.

question sent in by Anna.A from Spain

Q: How does someone get fined outside of the EU?

Article 27 of the GDPR is the first line of defense. It requires companies without operations in the EU to appoint an EU representative. If that doesn’t happen, non-EU companies will be perused via local enforcement actions within their country via mutual legal assistance treaties (MLAT), and private prosecutions under similar local laws.

 question sent in by Claire.M from Taiwan

Q: How does GDPR affect social media advertising

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Q: How do I process and file personal information that I receive over Text messages in order to be compliant with privacy laws such as the GDPR

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Q: Does SMS marketing need to comply with privacy laws such as the GDPR?

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Q: Does my Australian business need to be GDPR compliant?

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Q: Do non EU entities have to comply to GDPR?

Yes, Non EU Entities have to comply the moment they apply, handle, process, and/or monitor personal data of residents (full-time or temporary including foreign tourists) within the European Union.

Furthermore, it matters not whether you hold onto the data for 1 minute or 10 years.

 question sent in by John.K from Taiwan

Q: Do I need to train my staff?

The logical answer is yes you do, as they are your controllers and processors of the information you receive. Furthermore it matters not whether you are a small family business or a large organization,

The purpose of a certification is to develop a code-of-conduct for your staff to follow, which in return helps them understand the requirements and actions needed in being compliant.

Richard Branson said it best:  “Customers come second, employees first. It’s a philosophy that brings unexpected benefits to both the company and its clients.”

 question sent in by Konstantinos.M from Greece

Q: Do I have rights under the privacy act when I use social networking sites?

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Q: Do all organization now need to appoint a Data Protection Officer in order to comply with Privacy laws such as the GDPR?

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Q: Can I keep my customers details on file once our transaction has completed?

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Q: Can I get insurance against Data breaches?

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Q: Can I cancel my membership at any time

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Q: Can a Controller or Processor be fined?

The short answer is yes.

In saying that, a monetary fine is only one of the corrective measures included in the GDPR to apply pressure on controllers and processors to comply with the regulation.

Not all violations will result in a monetary fines, and not all fines will be based on the maximum amount, though rest assured it won’t be pocket change either.

A monetary fine is the last step in a long process designed to address the scope of an infringement by a Controller and/or Processor, concurrently assessing on how the organization allowed the infringement to happen in the first place and to monitor what steps have been taken to address the violation and any further violations.

 question sent in by Victoria.F from Germany

Q: As an employee or contractor what rights do I have under privacy laws such as the GDPR?

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Q: As a career working in the aged care, disability and child support sector. Do I need to comply with privacy laws such as the GDPR?

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Q: Are Photographs, videos & audio considered personal data

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GDPA VIDEO CONFERENCING

OVERVIEW

For us at GDPA, providing you a conference platform you can rely on is the most important thing. That means, amongst other things, we are very mindful of the security and privacy aspects that affect our users.

Security and privacy are very broad topics so we are going to try and go through some practical use cases to demonstrate what’s at play.

Fully secure you say… What does this mean exactly?

In many respects meetings are simply private by design.

To begin with, all meeting rooms are ephemeral: they only exist while the meeting is actually taking place.

They get created when the first participant joins and they are destroyed when the last one leaves. If someone joins the same room again, a brand new meeting is created with the same name and there is no connection to any previous meeting that might have been held with the same name.

This is all very important. Some of the systems that let people “pre-create” rooms, have subtle indications that let a potential attacker distinguish reserved from unreserved meetings which then makes the reserved meetings easier to identify and target.

That said, since a name is all that one needs to actually access a room, we have to be really careful about how we choose them. We don’t want others accidentally stumbling into your meetings, just as we want to keep pranksters and snoopers away. Therefore you simply create a unique name for your conference or use our random code generator below. Once created, it’s what you will share with the people you want to participate.

If you start a meeting with the name “Test”, “Demo” or “Family” for example, chances of having some random uninvited people joining are very, very high. How does one pick a good room name then? Our random meeting name generator below is a great start. It offers names that are easy to remember and read out loud on a phone call, and come from a set of over a trillion possible combinations. Picking out one of the auto-generated names is therefore quite safe.

COPY & SHARE YOUR UNIQUE CONFERENCE CODE
https://meet.jit.si/

If entering via Web Browser then share/use the full link: https://meet.jit.si/#########

If entering via GDPA Video Conferencing then share/use the 9 digits: #########