Upping the Ante: New Actors and the Evolving Nature of Privacy Act Jurisprudence in New Zealand

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dc.contributor.author Gunasekara, Gehan en
dc.contributor.author Singh, N en
dc.date.accessioned 2018-10-03T21:45:48Z en
dc.date.issued 2017-12-01 en
dc.identifier.uri http://hdl.handle.net/2292/38606 en
dc.description.abstract This article examines emerging trends in New Zealand's Privacy Act 1993 (the Act) litigation emanating from the Human Rights Review Tribunal (the Tribunal), which adjudicates cases brought under the Act. The Tribunal can award a range of remedies including damages, injunctions and declarations but in recent years it has also developed other remedies, such as training orders, aimed at remedying systemic privacy failures within agencies. The legitimacy of these is assessed against the backdrop of legislative lethargy in implementing parallel recommendations for law reform aimed at similar mischiefs. The article surveys all cases brought before the Tribunal (in its privacy jurisdiction) over a ten-year period from 2007 until 2016 inclusive. Brief comparison is made with Tribunal awards for discrimination under its non-privacy jurisdiction. The article also examines the reasons for a significant increase in the average amount of damages in recent years, especially in the Tribunals' privacy jurisdiction. Contributing factors to this include the changing nature of the types of dispute and the defendants involved as well as the discretion afforded to the Tribunal. Whilst the Tribunal has significantly modified its approach, other significant influences have included a recent increase in the number of private sector defendants. The Tribunal's substantive jurisprudence as to the nature of the obligations contained in the Act's privacy principles has also continued to evolve thereby vindicating New Zealand's principles-based data privacy regime. en
dc.relation.ispartofseries Victoria University of Wellington Law Review en
dc.rights Items in ResearchSpace are protected by copyright, with all rights reserved, unless otherwise indicated. Previously published items are made available in accordance with the copyright policy of the publisher. en
dc.rights.uri https://researchspace.auckland.ac.nz/docs/uoa-docs/rights.htm en
dc.title Upping the Ante: New Actors and the Evolving Nature of Privacy Act Jurisprudence in New Zealand en
dc.type Journal Article en
pubs.begin-page 441 en
pubs.volume 48 en
dc.rights.holder Copyright: The author en
pubs.end-page 469 en
dc.rights.accessrights http://purl.org/eprint/accessRights/RestrictedAccess en
pubs.subtype Article en
pubs.elements-id 694790 en
pubs.org-id Business and Economics en
pubs.org-id Commercial Law en
pubs.record-created-at-source-date 2017-10-17 en

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