New Zealand Privacy Commissioner: Companies Need To Be Fully Transparent About Data Processing

Fox Rothschild LLP
Contact

Fox Rothschild LLPClick to accept – not always good enough, says the New Zealand Privacy Commissioner.

Companies need to be fully transparent about their data processing practices and take steps to ensure that this is conveyed to the individuals.

In the case of a “clicked consent,” the Commissioner will also check:

  • Why the company believes that click actually conveys an authority to undertake the action.
  • What research was done to establish the number of people who read the terms.
  • How many times do customers click the link to the terms or privacy policy before clicking the consent box?
  •  Do those who do click spend a long enough time on the privacy policy page to actually read it?

“If you are telling customers in the ‘click to consent’ box that their information will be used to “enhance the services we can provide you,” and page 35 of the legalese-dense privacy policy says that all your transaction information will be available to U.S. data brokers – this may be a violation of the NZ Privacy Act obligations for transparency and fairness (in particular for children and other vulnerable consumers).”

Details from the office of the New Zealand Privacy Commissioner

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Fox Rothschild LLP | Attorney Advertising

Written by:

Fox Rothschild LLP
Contact
more
less

Fox Rothschild LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.