Answers
Short, sourced answers to the questions New Zealanders ask most about privacy and online safety. Each one starts with the answer, then explains the detail and what you can do.
- Answers
- 23
- Also
- Current scams, glossary
At home and in public
- Is it legal to record a conversation or phone call in New Zealand?Yes, if you're taking part in the conversation. New Zealand law generally lets a party record a private conversation without telling the others....
- Can my neighbour's security camera point at my house?Usually the Privacy Act won't stop it. A neighbour filming in a personal capacity is generally exempt unless the collection or use is highly offensive...
- Can someone post a photo of me online without my permission in New Zealand?It depends who posts it. A private individual posting your photo usually isn't breaching the Privacy Act unless it's highly offensive, but harmful...
- Can someone fly a drone over my property in New Zealand?Not without consent, in most cases. Civil Aviation Authority rules for recreational and most commercial drones require the pilot to get consent before...
At work, renting and with businesses
- What can my employer monitor or collect about me at work?Your employer can collect information it genuinely needs, but it must be able to justify it, be open with you about it, and not be unreasonably...
- What information can a landlord or property manager ask for in New Zealand?It depends on the stage. At a viewing, only your name and contact details. At application, proof of identity, referees, and consent for credit and...
- Can a business scan or copy my driver licence or passport?Often they shouldn't. The Privacy Commissioner's view is that sighting your ID is usually enough to confirm who you are, and that keeping a copy needs...
- Can a business or agency tell my partner or family about me?Only in limited circumstances. An organisation generally can't share your information with your partner or relatives unless you've authorised it or an...
Health, records and Police
- How do I get a copy of my medical records in New Zealand?Ask your health provider directly. Under rule 6 of the Health Information Privacy Code you have a right to your health information, and the provider...
- When can I say I don't have a criminal record? The clean slate scheme explainedIf you meet every clean slate criterion, your convictions are concealed automatically and you can generally say you have no criminal record in New...
- Can a business give my information to Police without telling me?Sometimes. Organisations must comply with search warrants, production orders and other legal demands. For an informal Police request, an organisation...
Online and on your phone
- Are deepfakes illegal in New Zealand?There's no specific deepfake offence in force yet. Creating and posting sexual deepfakes to cause harm can already be prosecuted under the Harmful...
- How can I tell if someone is tracking my phone or car?Start with the common routes, such as location sharing you set up and forgot, shared Apple or Google accounts, family plans, car apps, and hidden...
- How do I remove my personal information from Google search results?Ask the website to remove or update the page first, because Google only hides results while the page stays online. Then use Google's tools to request...
- Is there a right to be forgotten in New Zealand?No. New Zealand has no general right to be forgotten like Europe's. The Privacy Act doesn't give a general right to have your information deleted or...
Your Privacy Act rights
- How long does an organisation have to respond to a Privacy Act request?As soon as reasonably practicable, and no later than 20 working days after the day they receive your request. Working days exclude weekends, Waitangi...
- How do I find out what information a company holds about me?Ask them. Under principle 6 of the Privacy Act 2020, you can ask any organisation in New Zealand for the personal information it holds about you,...
- What can I do if an organisation has wrong information about me?Ask them to correct it. Under principle 7 of the Privacy Act 2020, you can ask any organisation to correct personal information about you. If it...
For businesses and organisations
- Does my New Zealand business need a privacy policy?In practice, yes. The Privacy Act 2020 doesn't literally require a document called a privacy policy, but principles 3 and 3A require you to take...
- Does the GDPR apply to my New Zealand business?Possibly. The GDPR can apply to a business outside the European Union if it offers goods or services to people in the EU, or monitors their behaviour...
- Can my business use overseas cloud services under the Privacy Act?Yes, in most cases. If a cloud provider only stores or processes personal information on your behalf, and doesn't use it for its own purposes, section...
- What are the rules for marketing emails and texts in New Zealand?Under the Unsolicited Electronic Messages Act 2007, commercial emails and texts need the recipient's consent, must identify who sent them and how to...
- What is a notifiable privacy breach in New Zealand?A privacy breach that it's reasonable to believe has caused serious harm to someone, or is likely to. Under Part 6 of the Privacy Act 2020, the...