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Oct 20, 2024 | 
lexology.com | Alex Chapman |Allan Yeoman |Amy Ryburn |Keri Johansson
A Cyber Security Bill 2024 (Cyber Bill) has been tabled in Australia's Federal Parliament. The Cyber Bill sets out a legislative framework to help address broad, whole-of-economy cyber security issues and to enable the Australian Government to respond to new and emerging cyber security threats. It is part of a broader package of Australian cyber security reforms, including in relation to its existing security requirements on Government intelligence and critical infrastructure.
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Oct 9, 2024 | 
lexology.com | Alex Chapman |Keri Johansson |Allan Yeoman |Amy Ryburn
For those who missed it in the blur of the school holidays, a Statutes Amendment Bill was introduced to Parliament (Statutes Amendment Bill) at the end of September. The Statutes Amendment Bill is an omnibus Bill that includes changes to over 40 different Acts, including the Privacy Act 2020 (Privacy Act). The amendments proposed to the Privacy Act are relatively minor but provide some helpful insights or clarification for those needing to interpret the Privacy Act.
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Aug 5, 2024 | 
lexology.com | Keri Johansson |Susie Kilty |Anna Rosa Parker |Pearlyn Tan
The High Court recently released a decision on Viagogo GmbH's (formerly Viagogo AG) trading practices (Commerce Commission v Viagogo AG [2024] NZHC 713). The case is a good reminder of the fair trading issues that businesses should be aware of when selling online and also adds to the few examples of courts dealing with unfair contract terms in New Zealand to date. This update sets out the key findings of the case and implications for businesses to consider.
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Aug 1, 2024 | 
lexology.com | Allan Yeoman |Amy Ryburn |Keri Johansson |Alex Chapman |Pearlyn Tan
The Office of the Privacy Commissioner (OPC) has released its Poupou Matatapu online toolkit. The toolkit is intended to provide agencies with an overview of the OPC's expectations as to what good privacy practice looks like and how agencies can work towards achieving that. Poupou Matatapu is comprehensive and we consider that it is likely to be an important touchstone for businesses and other agencies when they are designing or reviewing their own privacy practices, or engaging with the OPC.
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Jun 3, 2024 | 
lexology.com | Allan Yeoman |Amy Ryburn |Keri Johansson |Alex Chapman
This year is shaping up to be a big year for privacy compliance and data protection. Over the last few months, we've seen a draft Biometrics code, a Privacy Amendment Bill, and draft Customer and Product Data Bill in Parliament. Following on from this, last Friday the Office of the Privacy Commissioner (OPC) issued draft guidance to help agencies "do privacy well". The guidance is titled Poupou Matatapu (Poupou meaning posts or pillars and Matatapu meaning privacy).
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May 10, 2024 | 
lexology.com | Allan Yeoman |Natasha Wilson |Keri Johansson |Alex Chapman |Pearlyn Tan
On 2 May 2024, the Privacy Amendment Bill (Bill) had its first reading in Parliament and has been referred to the Justice Committee. The Bill introduces a new information privacy principle (IPP 3A), which will address a perceived gap in the Privacy Act 2020 regarding indirect collection of personal information. At present, the Privacy Act requires an agency to notify individuals when the agency is collecting personal information directly from the individuals.
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Apr 22, 2024 | 
lexology.com | Allan Yeoman |Amy Ryburn |Renee Stiles |Catherine Miller |Keri Johansson |Alex Chapman | +2 more
The Office of the Privacy Commissioner (OPC) has recently released a draft Biometric Processing Privacy Code (Code) for public consultation. The consultation period closes on 8 May 2024. The Code proposes legal obligations on agencies that carry out automated processing of biometric information. With biometric processing rapidly becoming common place, this is an important opportunity for agencies to engage with this legislative change. What is biometrics?
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Apr 19, 2024 | 
lexology.com | Keri Johansson |Libby Waalkens
AI is rapidly changing global business. The latest research suggests that nearly half of New Zealand companies are already using AI, and while the other half might not have adopted AI tools officially, it's likely that some staff are using public tools in their daily work and without full visibility from their employer. In addition, targeted regulation of AI is coming thick and fast, with the EU being first off the blocks to introduce substantial regulation with the AI Act.
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Apr 7, 2024 | 
lexology.com | Amy Ryburn |Allan Yeoman |Keri Johansson |Alex Chapman
The Privacy Commissioner has announced an inquiry into Foodstuffs' trial of facial recognition technology (FRT) in 25 of its North Island supermarkets. The inquiry demonstrates the Privacy Commissioner's interest in the use of biometrics and its outcome will likely need to be considered by agencies in relation to their own use of FRT.
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Dec 15, 2023 | 
hcamag.com | Philip Wood |Sherridan Cook |Keri Johansson |Tasha Ioelu
Existing contracts must be brought up to standard of new legislation
The Screen Industry Workers Act 2022 (Act) came into force at the end of last year, restoring certain employment-like protections to screen production workers, including the right to bargain collectively. While it may be some time before parties work through the collective bargaining process, other provisions in the Act require more immediate action.
