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Privacy & Data

Today's businesses operate in an era where unfathomable amounts of data are collected, created, stored, analysed and sold.

While this data can be used to create powerful advantages for your business, you also need to understand and manage your obligations in relation to it. A data or privacy breach could have a devastating effect on business reputation as well as serious legal consequences.

Our specialist privacy and data lawyers have in-depth experience across the collection, use and disclosure of personal information in accordance with privacy, consumer protection and antispam laws.

We also guide clients on their strategies around data governance and assist them to pursue the opportunities that data use can create, while adhering to good data ethics.

Our team acted in the ground-breaking case that first recognised breach of privacy as actionable under New Zealand law. Since then, we’ve acted on the leading New Zealand cases dealing with civil liability for interference with privacy and with balancing the competing values of privacy, open justice, and freedom of information.

Privacy Act 2020

New Zealand’s new Privacy Act, which came into force in December 2020, is an important step forward for our personal data privacy regime. 

Businesses need to be aware of key changes on issues including extra-territorial effect, disclosure of personal information outside of New Zealand and mandatory notification of privacy breaches.

Our summary sheet provides an overview of the new Act.

Our notifiable privacy breaches flowchart will help you work out whether a breach is notifiable and provides an overview of the notice requirements.

Services we provide

  • Advising New Zealand and international businesses on privacy and related data protection matters, including the application of the Privacy Act and GDPR obligations
  • Advising on transborder data flows, particularly for multi-national clients seeking to store personal information of New Zealand customers or personnel offshore
  • Assisting clients to assess their privacy practices and procedures, undertake privacy impact assessments on new initiatives, and improve privacy practices
  • Assisting clients to undertake Privacy Act reviews and respond to Privacy Act requests; and with compliance notices and access determinations issued by the Privacy Commissioner
  • Advising and acting on privacy related disputes in both the Human Rights Review Tribunal and the Courts
  • Assisting clients with the management of data breaches and security incidents affecting personal information
  • Preparing privacy policies for a wide range of clients in relation to customer data and employee data.