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Privacy Act 2020

Repeal, revocation, and consequential amendments

Schedule 8: Basic principles of national application set out in Part Two of OECD Guidelines

You could also call this:

"Rules to Keep Your Personal Info Safe and Fair"

Illustration for Privacy Act 2020

You have the right to control your personal data. This means people should only collect your data in a fair way and with your knowledge or consent. They should only use your data for the purpose they collected it for. They should keep your data safe and up-to-date. You have the right to know what data is being collected about you and how it is being used. People should be open about how they use your data and you should be able to find out who is controlling your data. You should be able to ask for a copy of your data and have any mistakes corrected. If someone is collecting or using your data, they are responsible for following these rules. They should make sure your data is protected and used fairly. You can ask them to correct or delete your data if it is wrong or being used unfairly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23790.

Topics:
Rights and equality > Privacy
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Schedule 7: Amendments to other enactments related to subpart 4 of Part 7, or

"Changes to other laws that were part of the Privacy Act 2020"

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Schedule 9: Consequential amendments, or

"Changes made to other laws because of the Privacy Act 2020"

8Basic principles of national application set out in Part Two of OECD Guidelines Empowered by ss 193, 200

There should be limits to the collection of personal data and any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.

Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete, and kept up-to-date.

The purposes for which personal data are collected should be specified not later than at the time of data collection and the subsequent use limited to the fulfilment of those purposes or such others as are not incompatible with those purposes and as are specified on each occasion of change of purpose.

Personal data should not be disclosed, made available or otherwise used for purposes other than those specified in accordance with [the Purpose specification principle above] except:

  • with the consent of the data subject; or
    1. by the authority of law.

        1. Personal data should be protected by reasonable security safeguards against such risks as loss or unauthorised access, destruction, use, modification or disclosure of data.

        There should be a general policy of openness about developments, practices and policies with respect to personal data. Means should be readily available of establishing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of the data controller.

        An individual should have the right:

      1. to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him;
        1. to have communicated to him, data relating to him—
          1. to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and
            1. to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.

                1. A data controller should be accountable for complying with measures which give effect to the principles stated above.