{"id":204930,"date":"2021-06-24T20:04:45","date_gmt":"2021-06-24T07:04:45","guid":{"rendered":"https:\/\/legalvision.co.nz\/?p=204930"},"modified":"2021-11-04T15:45:25","modified_gmt":"2021-11-04T02:45:25","slug":"obligations-sending-personal-information-overseas","status":"publish","type":"post","link":"https:\/\/legalvision.co.nz\/intellectual-property\/obligations-sending-personal-information-overseas\/","title":{"rendered":"What Are Your Obligations When Sending Personal Information Overseas?"},"content":{"rendered":"\n

As the internet makes it easier to connect with others overseas, your business may engage with more international partners. This increased connectivity means sharing more information and conducting more business abroad. This is especially true if you engage in eCommerce and partner with global suppliers. Nonetheless, you still need to meet your obligations under New Zealand law<\/span>. In particular, it is important to protect the privacy of New Zealand citizens. Certainly, this applies when you share your customers\u2019 or employees\u2019 <\/span>personal information<\/span><\/a> with overseas partners. The <\/span>Privacy Act<\/span><\/em><\/a> <\/em>thus provides rules for when you can and cannot send such information overseas. This article will outline your legal obligations when sending personal information overseas.<\/span><\/p>\n\n\n\n

Your New Zealand Privacy Law Obligations<\/span><\/h2>\n\n\n\n

I<\/span>f you deal with any personal information, you are an agency under New Zealand privacy law. For one thing, personal information includes identifying names or email addresses<\/span>. Indeed, this means you need to handle this data with due care, according to the law\u2019s standard. Evidently, these obligations apply to information across its life cycle at your business, as outlined below.<\/span><\/p>\n\n\n\n

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Collection<\/span><\/p>\n<\/td>

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You can only collect information for a legitimate business purpose, from its direct source, in a legal and unintrusive way. You must inform the individual about what information you collect and why.<\/span><\/p>\n<\/td><\/tr>

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Storage<\/span><\/p>\n<\/td>

You must hold information only for as long as is necessary. If it is not meeting a purpose, you must dispose of it. Your customers and employees have the right to access and correct the personal information that you hold.<\/span><\/p> <\/td><\/tr>

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Security<\/span><\/p>\n<\/td>

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You must implement reasonable security measures for the personal information you hold.<\/span><\/p>\n<\/td><\/tr>

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Usage<\/span><\/p>\n<\/td>

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You can only use personal information for the purpose you disclosed at collection. The information must be accurate and up to date.<\/span><\/p>\n<\/td><\/tr>

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Disposal<\/span><\/p>\n<\/td>

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You must dispose of information you do not need safely and securely.<\/span><\/p>\n<\/td><\/tr>

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Disclosure<\/span><\/p>\n<\/td>

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You generally cannot disclose personal information unless you have permission, or that was why you collected it.<\/span><\/p>\n<\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n

You must also follow the rules around unique identifiers in New Zealand. When you send personal information overseas, it is your responsibility to uphold these <\/span>privacy obligations<\/span><\/a> when you do so.<\/span><\/p>\n\n\n\n

Who Can I Send Information To?<\/span><\/h2>\n\n\n\n

Additionally, you generally cannot send your customer or employees\u2019 personal information to foreign businesses or organisations, unless:<\/span><\/p>\n\n\n\n