An Auckland Privacy Lawyer For Privacy And Data Protection Issues
With the online world dominating our lives, breaches of personal data are becoming more common. These may be intentional cyber security hacks or poor data management by an organisation. If this happens to you, talking to an Auckland privacy lawyer may help.
The information below is not legal advice so talk to an Auckland privacy lawyer.
What Is Privacy Law?
Privacy law covers a range of topics. These include data protection which itself covers a variety of disciplines. The work for data collection, its use, the security of that data and disclosure, whether deliberate or accidental, of personal information. The law around privacy deals with those issues, and even writing privacy policies.
The right to privacy has been recognized in many countries around the world for a long time now. The first written laws on privacy were passed by King Edward I who was concerned about his subjects reading letters he wrote to foreign rulers.
Privacy Law in New Zealand
In New Zealand there are two main pieces of legislation that deal with privacy:
The Privacy Act 1993 which deals with how organisations can collect your personal information; and the Data Protection Act 2014, which covers what happens when you give an organisation your personal information.
There are also other regulations such as the Health Information Privacy Code 2016. These cover health related matters like medical records or genetic testing results.
How Does Privacy Work In NZ?
When we share our personal details online it’s called ‘data sharing’. This includes things like social media posts, emails, phone calls, text messages, web browsing history, etc. When this occurs, these companies have agreed to follow certain rules set out by government agencies. They must protect your private information from being used against you without your consent.
What If Your Privacy Is Breached?
We saw the recent data breach at Waikato DHB. What are the implications for those affected?
In New Zealand, the Privacy Commission will review a person’s claim. Their aim is to facilitate an agreed settlement between the various parties. If they cannot do that, then the claim will go to the Human Rights Review Tribunal. They can award damages in the range of $5,000 to $10,000 for smaller cases. More significant cases can go up to $50,000 or even higher.
Will You Need Legal Help To Pursue A Privacy Claim?
If you believe that someone else has breached your privacy rights, you may be able to pursue legal action. However, if you don’t know where to start, you should seek advice from a qualified professional before taking any steps.
A good starting point would be to contact one of the following professionals:
– An experienced privacy lawyer
– A consumer advocate group
– A human rights commission
– Another local authority
– Or another relevant body within the Government sector
You could also try contacting the Privacy Commissioner directly at www.privcom.govt.nz/contact-us/.
An Auckland Privacy Lawyer
If you feel that your privacy has been breached or an organisation has not managed your privacy correctly, then you may have a case to pursue.
Privacy law is complex and needs deep knowledge to understand it. There are many and subtle intricacies involved.
It is very unlikely that an ordinary citizen will have the experience or depth of knowledge to take a case to either the Privacy Commission or further to the Human Rights Review Tribunal.
To make sure that you have good grounds for embarking on what is a potentially stressful path, it is a good idea to talk to an experienced Auckland privacy lawyer, like McVeagh Fleming.