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 for protecting your personal information when others collect it"

When someone collects your personal information, there should be limits to what they can collect. They should get this information in a fair and legal way, and when it's right, they should tell you or ask for your permission.

The information they collect about you should be related to why they need it. It should also be correct, complete, and kept up to date. They should tell you why they're collecting your information when they do it. They can only use your information for that reason, or for something similar that they tell you about.

Your personal information shouldn't be shared or used for any other reasons unless you say it's okay or the law says it's okay. They should keep your information safe from things like losing it or people using it without permission. There should be clear information about how your data is being used and who is in charge of it. You have the right to ask if someone has information about you, to see that information, and to fix it if it's wrong.

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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.


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Schedule 7: Amendments to other enactments related to subpart 4 of Part 7, or

"Changes to other laws about privacy that are no longer used"


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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:

      2. 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.