News & thinking

Privacy:
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Legal risks associated with the use of AI

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In the span of a few years, Artificial Intelligence (AI) has showcased its potential to revolutionise the way we live, work, and interact. However, for many of us, the concept of AI and what it holds for the future remains a grey area. In…
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AI, privacy and confidentiality

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Many organisations have raised concerns regarding the relationship between AI (particularly public AI), and personal and/or confidential data. Anyone using public AI, such ChatGPT, could potentially breach privacy and/or confidentiality…

Establishing Customer Data Rights – Have your say on the Customer and Product Data Bill

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MBIE has opened consultation on the exposure draft of the highly anticipated Customer and Product Data Bill. The Bill establishes what has been referred to as a 'Consumer Data Right' (CDR). In practical terms the CDR aims to bolster the rights…

Update: The new Privacy Act 2020

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The new Privacy Bill, now the Privacy Act 2020 was passed into law on 30 June and comes into force on 1 December 2020. In this note we briefly summarise the most salient aspects of the reforms. Mandatory notification of harmful privacy breaches …

Who can conduct workplace investigations?

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What happened? On 4 June 2020, the Private Security Personnel Licensing Authority (PSPLA) issued an important decision (1) addressing the issue of whether persons or companies carrying out workplace investigations for employers into employee…
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Employment obligations: COVID-19, privacy and working from home

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We answer some frequently asked questions, around employers obligations to ensure their employees privacy whilst working from home during the COVID-19 pandemic. One of my employees has told me that they have possible COVID-19 symptoms. Can…

Privacy Bill Update – Act Now!

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The Justice Select Committee recently published its widely anticipated report on the Privacy Bill, having now completed its review. This Bill will repeal and replace New Zealand's 25 year old Privacy Act 1993, an Act in desperate need of a refresh.…

Do you need to update your privacy policies before the new regulations bite?

Traditionally, privacy compliance has been perceived as relatively low risk – NZ businesses have not necessarily sought to comply with our privacy laws, typically because our Privacy Commissioner "lacked teeth".     That's…