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Articles by Andy Dysart
Regulatory update: Cabinet paper on strategic approach to work on artificial intelligence
Late last week, the Office of the Minister of Science, Innovation and Technology proactively released a paper submitted to Cabinet addressing New Zealand's approach to working with artificial intelligence (AI). The Cabinet paper notes that New Zealand has been uncharacteristically slow to embrace AI and identifies confidence and capability as key factors inhibiting the rate of domestic AI adoption, particularly compared to peer countries.
Regulation of algorithm use in New Zealand government processes
In recent decades the New Zealand government has made openness and transparency one of its key policy objectives regarding its collection, use, and sharing of data. Since 2011, a framework of principle-led policies has been developed that build on these core principles, including policies aimed at ensuring that government agencies can responsibly harness the incalculable benefits of "big data" and algorithmic analysis, while preserving public trust in government processes and systems.
Consultation open on draft Biometric Processing Privacy Code
The Office of the Privacy Commissioner (OPC) has recently released a draft Biometric Processing Privacy Code (Code) for public consultation. The consultation period closes on 8 May 2024. The Code proposes legal obligations on agencies that carry out automated processing of biometric information. With biometric processing rapidly becoming common place, this is an important opportunity for agencies to engage with this legislative change. What is biometrics?
Clarity still needed on exercising contractual discretions in New Zealand
The extent to which a party's discretions under a contract are fettered by standards of reasonableness has long been a source of debate. A New Zealand Court of Appeal judgment last year, together with a couple of subsequent judgments, have suggested that New Zealand law on this issue may be evolving. In this article, we take a look at the recent judgments and what they may mean in the future for contracting parties. The Woolley appeal - what was the case about?
Amendment to the Privacy Act 2020 proposed
Agencies (eg companies and public sector agencies) that are subject to the New Zealand Privacy Act 2020 (Privacy Act) should take note of the introduction of the Privacy Amendment Bill (Bill) this week. The Bill seeks to address a perceived gap in the Privacy Act in relation to what happens when an agency collects personal information about an individual other than from the individual concerned (ie where personal information is collected from another agency).
Refresh of the Cloud First policy
In April 2023, Cabinet endorsed an update to the Government's "Cloud First" policy.
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