What is APA & NZPA?

Australia and New Zealand have robust data protection frameworks. In Australia, the Privacy Act 1988 and the Australian Privacy Principles (APPs) govern personal information handling by businesses, while New Zealand enforces the Privacy Act 2020. These laws prioritize transparency, data security, and individual rights over personal information, with provisions for cross-border data flow to ensure protection regardless of destination.

Where does the APA apply to?

The Privacy Act applies to federal agencies and organizations with an annual turnover exceeding AUD 3 million that handle the personal information of Australian residents. It defines an 'organization' broadly, encompassing individuals, companies, partnerships, unincorporated associations, or trusts. Some exemptions exist, such as small business operators, registered political parties, and specific government entities. Additionally, the Act extends to organizations involved in credit reporting, businesses trading personal information, and private health service providers, regardless of their size.

What does the NZPA entail?

The Privacy Act 2020 (the Act) replaces the Privacy Act 1993, aiming to fortify privacy protections. It encourages proactive intervention and risk mitigation by agencies, a term encompassing any organization or individual handling personal information.

Get this checklist for Free to simplify your compliance game plan

Frequently Asked Questions

What is considered personal information under the APA?

According to the Australia Privacy Act, personal information encompasses:

'“information or an opinion about an identified individual, or an individual who is reasonably identifiable: whether the information or opinion is true or not, and whether the information or opinion is recorded in a material form or not.

This includes various details like name, address, contact information, medical records, financial details, images, or employment specifics. Additionally, sensitive data pertaining to health, genetics, race, ethnicity, sexual orientation, and political views receive heightened protection under the Act.

What is consent under APA?

In accordance with the Australia Privacy Act 1988, obtaining explicit consent is necessary for gathering sensitive information or for utilizing/disclosing personal data beyond its original intended purpose.
Cookie consent in Australia does not require express consent for processing non-sensitive personal information. Instead, implied consent suffices, provided individuals are notified at or before data collection. Organizations must ensure individuals understand the data's purpose and offer an opt-out option. According to the Office of the Australian Information Commissioner (OAIC), consent should be informed, voluntary, and current and specific.

What are latest privacy changes in Australia?  

The Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022, enacted on 12 December 2022, introduces substantial reforms to the Privacy Act Australia. These reforms aim to bolster personal information protection, amplify individual privacy rights, and foster transparency and accountability in data management. The Act introduces notable changes, such as expanding the extraterritorial scope of the Privacy Act 1988, escalating penalties for serious or repeated infringements, reinforcing the Notifiable Data Breaches Scheme, and empowering the OAIC with enhanced authority to tackle privacy breaches.

What is privacy breach in New Zealand?

A privacy breach transpires when an organization or individual either deliberately or inadvertently: Grants unauthorized or accidental access to an individual's personal information. Reveals, modifies, misplaces, or eradicates someone's personal data.3.5

What is sensitive information under NZPA?

Sensitive personal information refers to data about an individual that holds significant relevance to them, unveils aspects of their identity, or pertains to matters they may prefer to keep confidential.

Stay informed

Sign up for our newsletter to get the latest updates, thoughts, and ideas from Consentmo.

Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Is your site compliant?