This year will be an important one for privacy, according to Simpson Grierson. The law firm believes that privacy should be the number one agenda in every boardroom in the country. The use of personal information abroad has made the headlines and, now, in New Zealand, the Bill designed to reform the 25-year-old Privacy Act has been established in Parliament.
Out with the old, in with the new
The Bill is a replacement for the Privacy Act 1993, which was the recommendation by the Law Commission’s 2011 review of the Act. The Bill aims to give people more confidence in the privacy of their own data and assurance that it will be properly treated in an economy that is becoming increasingly digitized.
Sally McKenchie, a partner of the firm, says that changes introduced in the Bill are a reflection of the increased recognition of the firm’s guidance and a need for harsher penalties for privacy breaches.
Tribunal settlements closing half of cases
McKenchie noted that it has recently been reported by The Office of the Privacy Commissioner that close to 50 percent of its cases are closed as a result of settlements. With a greater number of backlogs and delays in the Human Rights Review Tribunal, there are signs that both organizations and aggrieved individuals will more likely consider an early resolution to cases via the Privacy Commissioner’s office. The disparity that exists between the Employment Relations Authority compensation and the sizeable awards from the Tribunal, such as in the recent Dotcom decision ($90,000 NZD in damages / $445,982 USD), is contributing towards the increased use of the Tribunal.
New guidance from Privacy Commissioner
McKenchie said that this has been so much the case that a guidance was recently released by the Privacy Commissioner on the value of a complaint. The guidance includes anonymous examples of settlement figures from recent cases.
Online privacy has, of course, been the subject of much concern after the recent Facebook scandal, leading many to be concerned about how their data is being used online. One example of an industry that’s very focused on security and privacy in recent years is the online casino industry. That’s largely down to the fact that real money is involved. A site such as BestCasinos.co.nz, for example, provides a guideline on how to identify the most reputable and best casinos brands available online, with leading sites including Spin Palace Casino and JackpotCity online casino. So, while certain sectors, such as healthcare, are still struggling to protect privacy, fortunately, at least, there are improvements being made in others.
Technology key to updated Privacy Act
Simpson Grierson points out that, as well as bringing the Privacy Act into the 21st century, to take into account how technologies have affected the use of personal information, the Government has indicated that a Ministerial advisory group and Chief Technology Officer are high on its agenda.
McKenchie added that the increased usage of big data-led technology will present more challenges and opportunities for both government and business in 2018.
