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Commissioner supports privacy law review

The Privacy Commissioner is supporting the Law Commission in looking at ways to close gaps in the legal framework around privacy.

In a four-stage process, the commission is looking at technology advancements and how they are affecting privacy law.

It was also investigating issues faced by the use of public registers, and the adequacy of criminal and civil law in dealing with privacy invasions.

The commission will then review the Privacy Act 1993 with a view to amending it.

Privacy Commissioner Marie Shroff has submitted to the commission, with one consideration being the privacy tort, where a person can sue for breach of privacy, and whether it should continue.

Ms Shroff supported the privacy tort, saying it was an important right for New Zealanders.

"The tort has a particular value in areas beyond the Privacy Act's reach, such as the media, or where the Act's mechanisms are less suitable than those of the tort.

"The courts also have the power to grant an injunction against publication of material, where there is a serious and urgent privacy risk," Ms Shroff said.

The Commissioner noted that the Privacy Act's processes did not allow for injunctions to prevent publication of information.

Ms Shroff said she saw a need for better redress for victims of harassment and intrusion -- including, for instance, where there was intrusive surveillance by neighbours.

Her submission called for gaps in criminal law to be plugged in the use of spyware and RFID (radio frequency identification) chip skimming.

Ms Shroff said she also supported an offence being created to cover the covert use of tracking devices.

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1

Ah so they are looking at removing our privacy on behalf of us. I am glad they are on our side. Just imagine what they could achieve if they where not on our side o.0?

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