First Published: 02 March, 2020
New Zealand’s privacy law is set to be revamped in 2020, with a number of changes to be introduced upon the passage of the Privacy Bill. You can read about the key changes in our previous insights here and here.
But in addition to new compliance requirements set to be introduced by the new law, agencies that collect personal information should be aware of a different type of – yet ever-increasing – burden: consumer expectation.
As New Zealand inches closer to the enactment of the new Privacy Act, consumers and regulators alike are becoming increasingly anxious about the ‘overcollection’ of personal information on the basis of long and complex privacy statements.
This was demonstrated by a recent controversy regarding Scentre Group Limited’s newly introduced ‘Westfield Plus’ app. Scentre offered customers that downloaded the Westfield Plus app two hours of free parking at the Westfield Newmarket mall in Auckland, New Zealand.
However, by accepting the terms of service of the app, customers agreed to Scentre tracking their movements around the mall. Similarly, by connecting to the Westfield Newmarket free wi-fi, users agreed to Scentre tracking their web activity.
Although relying on fine-print to collect a large amount of personal information isn’t a new phenomenon, the media attention about Scentre’s collection of information has demonstrated two things.
First, the public alarm about the ‘fine print’ signals a shift in consumer attitude: consumers are increasingly demanding more transparent privacy practices and are becoming wary of the purposes for which agencies are collecting their personal information.
Second, with the Privacy Commissioner’s new power to issue public compliance notices set to come into play comes an increased risk of public scrutiny. The regulator has warned that relying on ‘click to consent’ style privacy statements won’t necessarily pass muster if an agency is unable to demonstrate they have taken ‘reasonable steps’ to ensure that individuals are aware of that matters set out in the statement.
So, what steps can an agency take in 2020 towards ‘meaningful’ compliance? We set out our top tips below.
This article was co-authored by Campbell Featherstone, Senior Associate and Emily Tombs, Solicitor at Dentons Kensington Swan.
In the wake of increased consumer and regulatory scrutiny, now’s a good time to reconsider your privacy practices. If you’d like further advice on your obligations, get in touch with a member of our team.
Contact us if you have any suggestions on resources you would like to see more of, or if you have something you think would benefit our members.
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