Technology developments can be challenging to privacy laws. We all know our phones are powerhouses of data collection, and that our data is the key asset for big tech. But we don’t always know what data is being collected, nor how it is being used.

Under the Privacy Act, the Human Rights Review Tribunal can award damages for emotional harm caused by a privacy breach. Damages are compensatory rather than punitive; the goal is to compensate individuals for specific harm rather than punish a defendant’s bad behaviour.

A recent decision by the Human Rights Review Tribunal (HRRT) illustrates how other legislation can interact with and override the Privacy Act.

A woman worked as a receptionist for Manawatū Community Law Centre (the Centre) on a one-year contract. During her employment she alleged workplace bullying and harassment and filed personal grievance claims.

The Human Rights Review Tribunal heard a case concerning a surgeon’s disclosure to ACC and other doctors that her patient’s mother had made a complaint to the Health and Disability Commissioner (HDC) about her.

When caught out by her employer shopping online during working hours, a woman’s attempt to claim reparations for humiliation and distress was thrown out by the Human Right’s Review Tribunal when a series of light-hearted, emoji-filled messages between the woman and her employer revealed that there was no evidence of harm.

The Privacy Act is changing – and one significant feature of the changes will be to put a time limit on when complainants can bring a complaint to the Human Rights Review Tribunal.

In July 2017, our office made two short videos featuring the Privacy Commissioner promoting child safety and describing what people can do if they think a child is at risk. It is a crucial feature of the Privacy Act that people can disclose personal information to prevent or lessen a serious risk or threat to another individual. This is especially the case with children because they are among the most vulnerable members of our community and society.