Review of Privacy Act

A week after its report on Invasion of Privacy: Penalties and Remedies, the Law Commission has released an Issues Paper on the review of the Privacy Act 1993.

The Commission is inviting the views of the public on the many questions it poses in the paper.

“We want to know what people think about how the Act is working, whether it needs to be changed and whether new things need to go in it” said Law Commissioner Professor John Burrows.

In addition to asking detailed questions about the wording of the Act, the Commission discusses big topics of considerable interest and importance – for instance how to monitor and control the privacy implications of new technology; to what extent government departments should be able to share information about citizens; and whether there should be an obligation to notify people if information about them is wrongly released or lost.

It also asks whether the Act should more clearly deal with direct marketing; and whether the Privacy Commissioner’s present functions and powers, and the complaints process, are adequate.

The paper also wants to know whether people think the Privacy Act in its present form is clear enough.

“We think the Act is sometimes misunderstood” said Professor Burrows.

“We wonder what can be done about that.” He noted that the protection of privacy is not just relevant in the domestic context.

“These days a great deal of personal information flows across national borders and there are questions about how that should be protected.”

“We raise a lot of issues” said Professor Burrows.

“We want to know what people think, and we welcome comments whether they are on all, or only some, of those issues.”

Submissions are due by 30 April.

The paper is available on the Law Commission’s website www.lawcom.govt.nz and on www.talklaw.co.nz

ENDS

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