Privacy Act changes

The Privacy Act is changing on 1 December 2020. 

Key changes 

The key changes for members and practices are:

  • Privacy breach notification: privacy breaches which have caused, or are likely to cause, serious harm need to be reported to the Office of the Privacy Commissioner and affected individuals as soon as possible.

  • Sending personal information overseas: When sending personal information overseas, practices will need to make sure that the organisation they are sending it to is subject to comparable privacy protections to those we have in New Zealand. 

Useful resources

Check these resources provided by the Office of the Privacy Commissioner:


Frequently asked questions

Why has the Privacy Act changed?
Technology has changed significantly since the 1993 Privacy Act. The Privacy Act 2020 recognises those changes and aligns New Zealand’s privacy protections with them.
When sending personal information overseas, how do I ensure the receiving organisation is subject to comparable privacy protections as we have in New Zealand?
The Office of the Privacy Commissioner suggests having a model contract clause in place that requires the receiving organisation to protect the information in a way that is comparable to New Zealand standards. This guidance document explains how to set this up.
How do I work out if a privacy breach is serious enough to report to be reported to the Privacy Commissioner?

The Office of the Privacy Commissioner has developed NotifyUs, an online self-assessment tool to help you assess privacy breaches. View the self-assessment tool.

How do I report a serious privacy breach?
Privacy breaches can be reported online. The Office of the Privacy Commissioner has developed a checklist to help you gather everything you need before filling in the online form.

How do I get in touch the Privacy Commission for other matters?
If you have a privacy question try the Office of the Privacy Commissioner’s ‘AskUs’ tool. Alternatively, you can call them Monday to Friday, 10:00 am to 3:00 pm on 0800 803 909 or complete an online form. 
Will the College’s Foundation Standard be updated to reflect these new changes?

Yes, the College Quality team will be updating Foundation Standard Indicator 2 (patient information). Practices’ Quality contacts will be notified of this change and members will be advised via ePulse.