Plain language law

New Zealand law explained for everyone

Schedule 7: Amendments to other enactments related to subpart 4 of Part 7
or “Changes to other laws related to a specific part of the Privacy Act (now removed)”

You could also call this:

“Key rules for protecting your personal information”

The OECD Guidelines provide important rules about how your personal information should be handled. These rules say that there should be limits on collecting your personal data, and it should be collected fairly and legally. When possible, you should know about or agree to your data being collected.

Your personal information should be accurate, up-to-date, and only used for the reasons it was collected. The reasons for collecting your data should be clear when it’s collected, and your information shouldn’t be used for other purposes without your permission or legal authority. Your data should be kept safe from loss, unauthorised access, or misuse.

There should be openness about how personal data is handled, and you should be able to find out what information is held about you. You have the right to see your data, ask for changes if it’s wrong, and challenge any refusal to let you see or change your data. The person or organisation controlling your data should follow these rules and be responsible for doing so.

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Next up: Schedule 9: Consequential amendments

or “Changes to other laws that were made because of this Act, but are no longer part of it”

Collection limitation principle

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.

Data quality principle

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.

Purpose specification principle

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.

Use limitation principle

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

by the authority of law.

Security safeguards principle

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

Openness principle

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.

Individual participation principle

An individual should have the right:

to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to him;

to have communicated to him, data relating to him—

to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge such denial; and

to challenge data relating to him and, if the challenge is successful to have the data erased, rectified, completed or amended.

Accountability principle

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