Is there a right to be forgotten in New Zealand?
- Checked against sources
- Sources
- 5 cited
- Applies to
- 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 removed from search engines on request. But principle 9 says organisations can't keep personal information longer than they need it, you can ask them to delete it, and harmful content can be removed through other routes. The Privacy Commissioner has called for a right to erasure.
What the law says now
Europe’s GDPR gives people a right to erasure in many situations. New Zealand’s Privacy Act 2020 doesn’t have an equivalent. The Privacy Commissioner has publicly said the law needs modernising, including new rights such as a right to erasure.
What you can still use
- Principle 9 (retention). Organisations must not keep personal information longer than they need it for a lawful purpose. If a company has no reason to keep your old account or records, asking it to delete them often works, because keeping them is risky for the company too.
- Principle 7 (correction). You can ask for wrong information to be corrected, and correction includes deletion. If the organisation refuses, it should attach your statement of the correction you asked for.
- Principle 8 (accuracy). Organisations must check information is accurate, up to date, complete and relevant before using it.
- Harmful Digital Communications Act. Harmful posts can be taken down through Netsafe and, if needed, a court order.
- Search engine policies. Google removes some results containing personal contact details, identity numbers and intimate images under its own policies. See how to remove your information from Google.
- Clean slate scheme. Old, minor convictions can be concealed automatically. See the clean slate scheme.
How to ask a company to delete your data
Write to the privacy officer:
I no longer use your services. Under information privacy principle 9 of the Privacy Act 2020, please delete the personal information you hold about me, unless you’re required by law to keep it. If you need to keep any of it, please tell me what, why and for how long.
Some information must be kept by law, such as tax and anti-money laundering records, so expect some to stay until the legal period ends.
Organisations outside New Zealand
If a company also falls under the GDPR, for example because it offers services in the European Union, it may honour erasure requests globally as a matter of policy. It doesn’t hurt to ask.
Sources
Something wrong or out of date? Tell us or edit this page on GitHub. General information, not legal advice.