Privacy Rights in New Zealand

Understanding and protecting your personal information rights

Collection Principle

Personal information should only be collected for lawful purposes

  • Information must be collected lawfully
  • Collection must be necessary
  • Individual should be aware of collection
  • Direct collection preferred

Use and Disclosure

Information should only be used for the purpose it was collected

  • Use limited to stated purpose
  • Disclosure requires consent or legal authority
  • Secondary use requires consent
  • Exceptions for law enforcement

Access and Correction

Individuals have rights to access and correct their information

  • Right to request access
  • Right to correct inaccuracies
  • Reasonable timeframes for response
  • Fees may apply for access

Information Rights

  • Right to know what information is held
  • Right to access your personal information
  • Right to correct incorrect information
  • Right to know how information is used
  • Right to complain about privacy breaches

Protection Rights

  • Protection from unauthorized collection
  • Protection from misuse of information
  • Protection from unauthorized disclosure
  • Right to privacy in personal matters
  • Protection from surveillance

Privacy Breaches

When personal information is accessed, used, or disclosed without authorization

What You Can Do:

  • Report to the organization
  • Complain to Privacy Commissioner
  • Seek legal advice
  • Document the breach
  • Request remedial action

Unwanted Marketing

Receiving marketing communications without consent

What You Can Do:

  • Unsubscribe from communications
  • Complain to the organization
  • Report to Privacy Commissioner
  • Check Do Not Call Register
  • Seek compensation if applicable

Surveillance Issues

Unauthorized monitoring or surveillance

What You Can Do:

  • Check if surveillance is lawful
  • Request information about surveillance
  • Complain to relevant authorities
  • Seek legal advice
  • Consider Human Rights Commission

Privacy Remedies

Privacy Commissioner

  • Free complaint investigation
  • Mediation services
  • Compliance orders
  • Public reporting
  • Referral to Human Rights Tribunal

Legal Remedies

  • Human Rights Tribunal proceedings
  • Compensation for harm
  • Injunctive relief
  • Declaration of rights
  • Costs and damages

Understanding Privacy Law

Privacy Act 2020

The Privacy Act 2020 is New Zealand's main privacy law. It:

  • Sets out 13 information privacy principles
  • Gives individuals rights over their personal information
  • Requires organizations to protect personal information
  • Provides remedies for privacy breaches

Your Privacy Rights

Under the Privacy Act, you have the right to:

  • Know what personal information organizations hold about you
  • Access your personal information
  • Request correction of incorrect information
  • Complain about privacy breaches
  • Seek compensation for privacy harm

Making a Privacy Complaint

If your privacy has been breached, you can:

  • Complain directly to the organization
  • Contact the Privacy Commissioner
  • Apply to the Human Rights Tribunal
  • Seek legal advice

Need Help with Privacy Issues?

Our lawyers can help you understand and protect your privacy rights.