The Inadequacy and Neglect of Data Privacy Regulation in New Zealand: In Search of Meaningful Enforcement

<p><strong>In light of existing privacy regulations within New Zealand, this research examines the Privacy Act 2020 (“the Act”) and its impact within various contexts of criminal justice. Of interest is how s 31 of the Act (non-enforceability in court) affects the admissibility of evidence and, more importantly, policing practices. This work attempts to address intentional breaches of the Act, committed in pursuit of criminal prosecution. What happens when information privacy principles (IPPs) are breached? What is there to deter wrongdoing?</strong></p><p>This thesis argues that the Act’s approach to enforcement undermines its ability to deal with unique situations that arise in the context of criminal justice; in certain circumstances, repeated and large-scale breaches are effectively allowed. As a deterrent and safeguard, court-enforceable IPPs should be sought to combat reckless and opportunistic behaviour. It is proposed that existing mechanisms are limited by design and/or by circumstance.</p><p>This research explores the judgment in R v Alsford, patterns of improper policing and emerging technologies.</p>