The Law Commission’s report Invasion of Privacy: Penalties and Remedies: Review of the Law of Privacy: Stage 3 has been tabled in Parliament. The report recommends the enactment of a new Surveillance Devices Act which would provide for criminal offences and a right of civil action in relation to the use of visual surveillance, interception and tracking devices. The report also recommends some changes to the Harassment Act 1997 so that it applies more clearly to instances in which surveillance is used for the purpose of harassment; some new offences targeting voyeurism; and some changes to the law governing surveillance by private investigators. The report recommends that the tort of invasion of privacy should be left to develop at common law.
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The Law Commission’s report on Public Registers was published on 19 February 2008 The report identifies well over one hundred public registers in New Zealand – including rates databases and dog registers, land registers transport registers, the electoral rolls, births, deaths and marriages registers. Regulating the balance between open access to the registers and protection of personal information varies greatly. The Commission recommends that a dedicated team should review all public registers against a template set out in the report. Recommendations for resulting legislative changes should then be introduced by way of a single Omnibus Bill. However, the Law Commission’s recommendation for a public register review will not be considered by the Government until the Commission’s reference on the Privacy Act 1993 is completed.