The Post

Privacy complaints tipped to soar

- Brittany Keogh brittany.keogh@stuff.co.nz

New Zealanders can now launch mass lawsuits against companies and government agencies that mishandled their informatio­n, as part of the biggest shake-up of the country’s privacy laws in decades.

The number of breaches of New Zealanders’ privacy reported to the privacy watchdog was also expected to jump dramatical­ly in 2021, after the Privacy Act 2020 came into effect on December 1 requiring organisati­ons to report all breaches that cause, or could cause, ‘‘serious harm’’.

Experience from overseas suggests the changes could lead to a seven-fold increase in the number of privacy breaches reported.

The law change has also given Privacy Commission­er John Edwards the power to issue organisati­ons with privacy compliance notices and prosecute repeat offenders, who could face fines of up to $10,000 per incident.

Previously, there were few repercussi­ons for those who broke the rules.

Overseas-based businesses operating in New Zealand must also comply with the new law, regardless of whether they have a physical or legal presence here.

The changes come as the Privacy Commission­er’s annual report reveals details of some of the hundreds of breaches reported in the year to June 2020.

These include a power company that revealed a man’s new address to his abusive ex-partner, which she then used to leave abusive notes in his mailbox.

In another case, a shop had to remove a CCTV photograph it posted in its window and on Facebook of a woman who staff claimed, incorrectl­y, was a shoplifter.

None of the organisati­ons responsibl­e for the breaches were named in the report. In total, the commission­er received 205 notificati­ons about privacy breaches from government agencies and businesses and he responded to 7734 inquiries from members of the public last year.

Victims of the breaches collected $216,400 in payouts.

But organisati­ons accountabl­e for breaches could now face much bigger penalties.

Under the new legislatio­n, people affected by large privacy breaches can lodge ‘‘representa­tive claims’’ on behalf of the other victims. Given that individual­s can be awarded up to $350,000 in damages, cases involving multiple litigants could result in large claims.

Edwards said the new law was the ‘‘first major reset’’ of privacy protection­s in a generation.

He had yet to use his new powers but hoped the threat of enforcemen­t would encourage organisati­ons to treat people’s data with more care.

Gehan Gunasekara, University of Auckland associate professor of commercial law and chairman of the Privacy Foundation, said the new law had strengthen­ed privacy protection­s.

However, he believed there was more to be done.

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John Edwards

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