In this episode, Privacy experts Richard Wells and Suzy McMillan discuss the Privacy Amendment Bill, with a focus on the proposed introduction of Information Privacy Principle (IPP) 3A.
[01:12] Suzy explains the background and rationale for the introduction of IPP 3A, which is intended to increase data transparency in relation to the indirect collection of personal information and reduce a gap in New Zealand’s privacy laws under the Privacy Act 2020.
[04:47] Richard highlights how the reform has also been driven by the need to preserve New Zealand’s ‘adequacy’ status under the EU’s General Data Protection Regulation (GDPR).
[06:40] They explore how IPP 3A will operate, mirroring the IPP 3 disclosure requirements in many respects, but introducing additional obligations and specific exceptions that organisations must understand when handling indirectly collected personal data.
[08:40] Suzy and Richard review the draft guidance on IPP 3A recently issued by the Office of the Privacy Commissioner (OPC), which emphasises the need for detailed and specific notifications. Agencies will need to clearly state the type of information collected, its purpose, and name the particular recipients, rather than relying on more generic use cases and terminology, or classes of agencies.
[12:50] Suzy explains the key exceptions that apply in the application of IPP 3A, when they might reasonably be relied on and how these have been interpreted in the OPC’s draft guidance.
[17:45] Richard and Suzy conclude the episode by outlining some key steps organisations should focus on to ensure compliance with IPP 3A when it comes into force on 1 May 2026, including updating data registries, identifying direct and indirect data collection sources, and engaging in a collaborative process with collecting agencies in relation to updating contractual terms and privacy policies.
Information in this episode is accurate as at the date of recording, 26 July 2025.
Please contact Richard Wells, Suzy McMillan or our Corporate and Commercial team if you need legal advice and guidance on any of the topics discussed in the episode.
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