Privacy+Law+and+Your+Rights

= ﻿ = = ﻿ = = PRIVACY LAW AND YOUR RIGHTS = The dictionary describes privacy as the “freedom from intrusion or public attention” (Reader’s Digest Oxford, 1993).

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The New Zealand Privacy Act 1993 is legislature that promotes and protects an individual’s privacy and also the flow of personal data overseas. In Section 6 of the Act it sets out 12 principles regarding the collection, use and disclosure by both public and private agencies of information pertaining to individuals. It also provides for access to this information by any person, who wishes to see what has actually been collected by these agencies, about themselves. In other words it protects individuals from third parties getting information about them that was never intended to be disclosed. The Act also provides for the appointment of a Privacy Commissioner whom oversees complaints regarding privacy invasion and has the power to issue codes of practise that then become law. ======

Scenario question:  you go into local shop and your purchase entitles you to enter a competition. You enter name, address, phone and e-mail address. Is the shop allowed to do anything else with this information, apart from let you know you have won the competition?

To answer the scenario above, some of the principles need to be explained first. Principle 1 affirms that an individual must be aware of why the information is being collected. In this case it was for a competition. The information for this competition was collected from the individuals themselves, when they filled out a competition form, so this complies with Principle 2. Principle 3 of the Act specifies that the individual must know the reason and purpose for the information i.e. who wants it and what is it being collected for and Principle 4 says that it must not be for unlawful purposes. Principle 9 gives the condition that information should be kept only as long as necessary - so it would be presumed that these competition forms are destroyed after the prize draw. Principle 10 limits the use of the information so it can only be used for that original purpose or be directly related to that purpose, unless it is authorised by the individual concerned for a secondary use.

Scenario answer: So if you find that you receive mail, phone calls or e-mails that you did not want, from the initiator of any competition you entered, is there a breach? **YES**.

This would be a breach of:
 * Principle 3(1) (b), the purpose of the information – it was for a competition not for any secondary purpose, and
 * Principle 10 (b), that the use of the information for any other purpose be authorised by the individual.

To comply with the Privacy Act 1993 all businesses must ensure that when they collect information that individuals are informed of why this information is being collected, by whom, for whom, and for what purpose. They should also be informed of their rights to access it later for correction, if necessary. All information should be collected and authorised from the individual only, not from other databases.

If it is for employment purposes it must be justified why certain information or requirements are needed and this information cannot later be used to discriminate against any individual. A business must make certain that the information they collect is secure, protected and not able to be accessed by others for misuse. This is especially relevant when information regarding a person’s credit worthiness could be improperly disclosed to third parties. A business must also ensure that personal information, no longer needed, is destroyed and that information is only used for the purposes it was intended.

Businesses should familiarise themselves with the Privacy Act 1993 and follow the guidelines set out in the principles, so that they can make sure they comply with the law. It is important that individuals feel that information they give to agencies is treated as private and not open to public scrutiny.

To find out more information on the Privacy Act 1993 visit the government website at: [] Or [] [] []

**<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">References: ** <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: normal; margin: 0cm -28.45pt 10pt 14.2pt; text-indent: -14.2pt;"> Hubbard, J., Thomas, C. & Varnham, S. (2010). //Principles of law for New Zealand business students//. (4th Ed). Pearson NZ Ltd: Auckland. <span style="-moz-background-clip: border; -moz-background-inline-policy: continuous; -moz-background-origin: padding; background: white none repeat scroll 0% 0%; font-family: 'Times New Roman','serif'; font-size: 12pt; line-height: normal; margin: 0cm 0cm 10pt;">NZ Government, [] Retrieved 19 October 2010 <span style="-moz-background-clip: border; -moz-background-inline-policy: continuous; -moz-background-origin: padding; background: white none repeat scroll 0% 0%; line-height: normal; margin: 0cm 0cm 10pt;"><span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Privacy Commission, [] <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> Retrieved 23 October 2010 <span style="-moz-background-clip: border; -moz-background-inline-policy: continuous; -moz-background-origin: padding; background: white none repeat scroll 0% 0%; line-height: normal; margin: 0cm 0cm 10pt;"><span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Privacy Commission, [] <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> Retrieved 23 October 2010 <span style="-moz-background-clip: border; -moz-background-inline-policy: continuous; -moz-background-origin: padding; background: white none repeat scroll 0% 0%; line-height: normal; margin: 0cm 0cm 10pt;"><span style="font-family: 'Times New Roman','serif'; font-size: 12pt;">Privacy Commission, [] <span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;"> Retrieved 23 October 2010 <span style="-moz-background-clip: border; -moz-background-inline-policy: continuous; -moz-background-origin: padding; background: white none repeat scroll 0% 0%; line-height: normal; margin: 0cm 0cm 10pt;">//<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">The reader’s digest oxford complete wordfinder //<span style="color: black; font-family: 'Times New Roman','serif'; font-size: 12pt;">. (1993). London: The Reader’s Digest Association Limited