New Zealand Law Society - Law Society updates Information Handling Policy

Law Society updates Information Handling Policy

The New Zealand Law Society Te Kāhui Ture o Aotearoa has updated its Information Handling Policy and from next month the Policy will provide greater detail about what personal information the Law Society collects, how that information is collected and the purposes for which it is collected. 

The Law Society is committed to protecting an individual’s right to privacy regarding their personal information. Upon review, the organisation identified that its Information Handling Policy could be enhanced. The updated Policy takes effect from Monday, 1 April 2024. 

An important update that has been introduced relates to the Law Society’s communications with lawyers. The revised Policy outlines that the Law Society may use a lawyer’s personal information to communicate with that lawyer about regulatory and representative matters and provides details about the reasons for which the Law Society might get in contact with lawyers. 

The provision of gender, ethnicity, areas of practice and language information is voluntary and is currently used in an anonymised form for statistical or research purposes. The updated Information Handling Policy provides that the Law Society may use gender, ethnicity, areas and modes of practice, language and other personal information to better tailor its communications to lawyers for both its regulatory and representative functions. 

Lawyers can update their ethnicity, areas of practice and language information by logging into Registry using their six-digit user ID number and clicking on ‘Personal details and Statistics’ in the side menu.  

The other main changes are summarised below:  

Existing Privacy and Information Handling policy  

Revised Information Handling Policy 

Provides that, generally, personal information may only be used by the Law Society for the purposes for which it is collected. 

Provides that information collected by one part of the Law Society for a particular purpose will not be shared with another part of the Law Society for a different purpose unless permitted by law.  

Provides that the Law Society collects personal information about individuals for purposes connected with the Law Society’s regulatory or representative functions, or both. 

Provides that information collected and held by the Law Society for one regulatory purpose may be used to inform decision making about the individual in relation to other aspects of the Law Society’s regulatory functions.  

Includes a definition of ‘personal information’. 

Includes a definition of ‘personal information’ and a new section entitled “what personal information is collected by the Law Society”. This sets out the types of information the Law Society collects.  

Includes general information on the collection of personal information. 

Includes a section on how the Law Society collects personal information.  

Personal information may be collected from third parties in the circumstances specified in the Privacy Act 2020.  

Personal information may be collected from third parties as permitted by the Privacy Act 2020. Includes specific examples of when information may be collected by the Law Society from third parties. 

General information about use of information included. Provides that a person providing their personal information will be advised via the privacy notice on the website and on the forms used to collect personal information about the purpose for collection, the law under which information is collected, who the information will be disclosed to, the person’s right to access and seek correction of their information and the consequences of not providing it. 

Sets out that the Law Society collects information so that it can carry out its regulatory and representative functions.  

Sets out what the regulatory and representative functions are, and that in some circumstances the Lawyers and Conveyancers Act 2006 and associated Rules and Regulations require the Law Society to collect specific information.  

Sets out how personal information will be used by the Law Society to carry out its representative functions.  

Provides that the purposes for which the information was obtained are set out in the Policy or at the point of collection.  

Sets out possible consequences of not providing requested information. 

Gives information on how to make an information privacy request.  

General information about use and disclosure of personal information. Specific information on the disclosure by the Law Society of members’ personal information to NZLS CLE Ltd is not included.  

Specific information about information flows between the Law Society and NZLS CLE Ltd included.  

No information on the collection of gender and ethnicity information.   

Specific reference to collecting gender and ethnicity information. Includes a new statement that gender and ethnicity information may be used by the Law Society to better target its communications.  

Detailed information on how the Law Society responds to privacy requests and breaches.   

Simplified sections on rights of access to and correction of personal information and privacy breaches.   

No updates clause.  

A new clause stating that the Law Society can update the Information Handling Policy from time to time.  

 If you have any queries or concerns, please email privacy@lawsociety.org.nz