Section 26 of the Privacy Act requires the Privacy Commissioner to review the operation of the Act as soon practicable after it had been in force for three years. The first review was completed in November 1998 and resulted in a 420 page report Necessary and Desirable: Privacy Act 1993 Review (generally referred to as Necessary and Desirable). This contained 154 recommendations for amendment or further study.
You can read the Privacy Commissioner's latest report on the current operability of the Act here.
In the 2016 update report, Mr Edwards notes privacy law reform has been under consideration since 1998, including the wide-ranging Law Commission review from 2008-2011. These reviews and the government response have formed the basis for the proposed modernisation of the Privacy Act, as led by the Ministry of Justice.
But he notes there are apparent gaps and weaknesses in the Privacy Act’s enforcement framework that need to be addressed if the reforms proposed are to introduce an effective and modernised form of privacy regulation.
The Commissioner is proposing six recommendations:
Mr Edwards says these recommendations will help to ensure that New Zealand’s privacy framework will be fit for purpose in the current environment and for foreseeable developments in the future.
To download documents please click the following links:
|Background||Part I||Part II|
|Part III||Part IV||Part V|
|Part VI||Part VII||Part VIII|
|Part IX||Part X||Part XI|
|Part XII||Schedules||Summary of Recommendations|
|Appd A||Appd B||Appd C|
|Appd D||Appd E||Appd F|
|Appd G||Appd H||Appd I|
Section 26 also requires further periodic reviews. The Commissioner has submitted several short supplementary reports noting developments that might affect the recommendations. These reports included a number of supplementary recommendations.
Necessary and Desirable made some recommendations in relation to information matching but anticipated that a further specialised review of the information matching rules would be needed. The Commissioner undertook a supplementary review and submitted a further report on information matching in June 2001, and a supplementary report in 2003.
Other material on the 1998 review
The 1998 review involved a series of stages of research, consultation and analysis. In the public phase of the review, the Office of the Privacy Commissioner released 12 discussion papers:
|DP1 Structure and Scope||DP 2 Information Privacy Principles|
|DP 3 Access and Correction||DP 4 Codes of Practice and Exemptions|
|DP 5 Public Register Privacy Issues||DP 6 Complaints and Investigation|
|DP 7 Information Matching||DP 8 Law Enforcement Information|
|DP 9 Compliance and Administration Costs||DP 10 Interaction with other Laws|
|DP 11 Intelligence Organisations||DP 12 New Privacy Protections|
Four volumes of submissions:
volume 1 : DP1, DP2, DP3, DP4, DP5
volume 2 : DP6, DP7, DP8, DP9, DP10, DP11, DP 12
volume 3 : Part 1, Part 2, Part 3
volume 4 : Part 1, Part 2 were received.
The Office of the Privacy Commissioner has compiled complete sets of all the submissions and some specialist compilations in particular areas (such as complaints, compliance costs, public registers and intelligence organisations).
In December 1998 the journal Privacy Law & Policy Reporter devoted a special issue to the Privacy Commissioner's report: