AI Tools And The Privacy Act: Commissioner Issues New Guidance

Privacy Commissioner Michael Webster will today outline how New Zealanders using AI tools can ensure they’re meeting their obligations under the Privacy Act 2020.

"Thinking about privacy is vital if you’re going to use AI tools well.

"The Privacy Act applies whenever you collect, use, or share personal information, and it applies when you’re using AI tools," said the Commissioner.

"Helping New Zealand agencies and individuals understand their privacy obligations while using AI tools is critical to my Office’s work, which is why we’ve prioritised the development of today’s guidance. This guidance is for all agencies using AI tools in New Zealand."

The uptake of AI tools presents some specific challenges for privacy. Privacy protections rely on people and organisations who can understand context and take responsibility for their actions. This may become harder as AI tools take on more tasks, because they enable new ways to gather and combine personal information, and because they can make it harder to see, understand, and explain how personal information is used.

The launch of today’s detailed guidance outlines how AI relates to the 13 Information Privacy Principles (IPPs) in the Act, looking at how AI tools work, offering practical examples, and setting out a range of questions to consider as you think about your privacy obligations.

"I know New Zealanders are excited about AI tools and many people are looking to use them in their workplace or business.

"My Office is here to support that exploration, safely, and ensure that people comply with the law.

"The best time to do this privacy work is as soon as possible, especially for AI tools and other emerging technologies. Take proactive steps early on, including doing a privacy impact assessment (PIA) before you start, which is a great way to check you’re upholding your Privacy Act obligations" says the Commissioner.

This new guidance builds off the Commissioner's initial set of expectations around AI use, which was published and promoted by the Office on 25 May 2023. It set out how businesses and organisations must involve their senior leaders and privacy officer in deciding whether or how to implement a generative AI system.

The guidance is free and available to the public at privacy.org.nz

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