Privacy Amendment Bill
Objection to Clause 4 of the Privacy Amendment Bill - Proposed Addition of New Information Privacy Principle 3A.
Result: An exception for archiving in the public interest
Background
The Privacy Amendment Bill was introduced to Parliament at the beginning of September 2023.
MA presented their position at the Justice Select committee hearing in person in June 2024.
Currently, the Privacy Act 2020 contains disclosure requirements in relation to the collection of personal information directly from individuals as detailed in Information Privacy Principle 3 (IPP3). The Office of Privacy Commissioner has recognised that there needs to be increased transparency for personal information collected from other sources. This also aligns New Zealand with overseas trading partners in the FTA EU.
The Bill seeks to address this by extending IPP3 through the introduction of Information Privacy Principle 3A (IPP3A).
The new IPP3A imposes new disclosure requirements on organisations collecting personal information from a source other than from the individual concerned. In summary, under IPP3A the organisation must, as soon as reasonably practicable, take reasonable steps to ensure that the individual concerned is aware.
Position Statement
MA submitted our objection to the proposed addition of Clause 4, amending section 22 of the principal Act to insert new Information Privacy Principle 3A (IPP 3A). While we recognise the importance of protecting personal information and the intent behind the Privacy Amendment Bill, we believe that the introduction of IPP 3A, as currently formulated, presents several challenges and potential adverse effects on the functioning of museums and galleries and other institutions that collect items for public good (ie, non-commercial, historical, research and educational purposes).
Exemptions for Cultural Institutions
We request that museums, galleries, and other cultural institutions be added to the list of exemptions from the requirements of IPP 3A. This exemption would recognise the unique role these institutions play in preserving and promoting cultural heritage for public good and the practical challenges they face in complying with such regulations.
We believe that the introduction of new IPP 3A, as currently proposed, would have significant negative impacts on the operations of museums and galleries (and other institutions that collect for public good) in New Zealand and is unnecessary to meet our obligations with trade partners.
An exception for archiving in the public interest
As introduced, the bill includes some exceptions to IPP 3A. For example, it is not necessary for an agency to comply with the requirement in IPP 3A if the agency believes, on reasonable grounds, that:
-non-compliance would not prejudice the interests of the individual concerned, or
-the information is publicly available, or
-compliance is not reasonably practicable in the circumstances.
We consider that there should also be an exception for archiving practice where it is in the public interest. Submitters in the gallery, library, archives, and museum sector told us that new IPP 3A could deeply disrupt their operations, with negative effects for the sector. We heard that complying with IPP 3A could have a chilling effect on organisations that collect personal information for archival purposes, and could create a risk-averse environment.
Therefore, we recommend amending clause 4 to insert a new exception in IPP 3A. New IPP 3A(5) would mean that agencies indirectly collecting personal information would not have to comply with IPP 3A if certain criteria were met:
-the collection of the information is for the purpose of determining whether the information is of enduring value for general interest and should be archived for public reference, study, or exhibition
-compliance is likely to seriously impair the achievement of this purpose.
Documents
Read the Select Committee Report (Excerpt above)
Watch MA Chief Executive give evidence at the Select Committee Hearing (Vimeo)
