Empowering Shift: TLANZ Committee Champions Bold New Rules to Protect Personal Data

In a rapidly evolving digital landscape, the way organisations collect, store, and share personal information is facing heightened scrutiny. As data flows expand and technology becomes more deeply embedded in public and private systems, governments and policy experts are increasingly focused on improving the transparency and fairness of data-handling practices. In this context, the TLANZ Technology & Law Committee has taken a significant step by supporting new regulatory rules designed to strengthen how individuals are notified when their personal information is collected indirectly from third-party sources.

The committee’s position underscores a broader effort to enhance accountability within the data ecosystem and reinforce public trust in digital services. However, the committee has also raised concerns about proposed broader exemptions included in the Privacy Amendment Act 2025, arguing that the current exemptions are sufficient and do not require expansion. This dual approach—backing new notification requirements while resisting wider exemptions—highlights the complex balance between privacy protections and operational practicality.

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The Push for Stronger Notification Requirements

The centrepiece of the committee’s support is a proposed regulation that would require agencies collecting personal information indirectly to take reasonable steps to notify the individuals concerned. This change addresses a long-standing concern within privacy law: people often have no idea their data is being gathered by entities they have never interacted with directly.

For instance, when a business partners with a marketing firm or sources information from a data broker, individuals may become part of a database without ever providing consent or even being aware of it. The new rules aim to fix this by mandating transparency whenever such indirect data flows occur. The committee argues that this move strengthens the fundamental principle of informed consent—ensuring individuals understand who holds their data, how it was obtained, and for what purposes it may be used.

By requiring reasonable steps, the regulation maintains flexibility. It does not demand unrealistic or burdensome obligations for agencies but instead encourages thoughtful, practical approaches. This might include email notifications, public notices, digital dashboards, or other accessible communication tools depending on the nature of the data collection.

Why Indirect Data Collection Needs Attention

Indirect data collection has expanded significantly in recent years. From social platforms and loyalty programs to financial services and government agencies, organisations frequently rely on partner networks to gather relevant data about consumers and citizens.

While these practices can improve service delivery, they also raise concerns. Individuals may lose control over their personal information, and the opacity of third-party systems can make it difficult to hold the correct entities accountable for misuse or breaches.

The TLANZ committee’s support for stronger notification rules suggests a recognition that the public expects greater clarity. People increasingly want assurance that their personal information is not circulating behind the scenes without their knowledge. By pushing for increased transparency, the committee aims to strengthen the credibility of data-handling systems and promote responsible innovation.

Current Exemptions: Adequate and Balanced

While the committee endorses the new notification requirements, it also makes clear that the existing exemptions already present in privacy legislation are adequate. These exemptions allow agencies to withhold notification under specific circumstances, such as situations involving national security, law enforcement investigations, or serious threats to public safety.

From the committee’s perspective, these exemptions strike the right balance between public interest and individual rights. They prevent the notification requirement from undermining critical operations, especially in sectors where alerting individuals could compromise investigations or create unnecessary risk.

The committee emphasises that expanding these exemptions further—beyond what is already allowed—could open the door to overuse. Excessively broad exemptions may weaken the intent of the new rules and grant agencies too much discretion to avoid transparency. Maintaining the current boundaries ensures that most individuals receive notification unless there is a compelling, legitimate reason not to.

The Concerns with the Privacy Amendment Act 2025

The Privacy Amendment Act 2025 includes proposals for broader exemptions that would allow more agencies to bypass notification obligations under various additional circumstances. These changes have raised questions among privacy advocates, academics, and industry experts.

The TLANZ committee shares these concerns. Its stance reflects a belief that the proposed expansions could dilute the effectiveness of the new regulatory framework. If the notification requirement is accompanied by an overly long list of exceptions, the rule becomes significantly less meaningful.

Broader exemptions could also inadvertently reduce accountability. Agencies might rely on the wide-ranging provisions to avoid notifying individuals even when doing so would be reasonable and appropriate. This could weaken public trust in the privacy system and create inconsistency across sectors.

By rejecting the expansion, the committee sends a strong message: privacy rules must be genuinely protective, not symbolic. If individuals are to regain confidence in how their information is handled, transparency must remain the default setting—not the exception.

Balancing Transparency and Practicality

A key theme in the committee’s approach is balance. The recommendation to introduce stronger notification rules demonstrates its commitment to improved transparency. At the same time, its endorsement of the current exemptions shows sensitivity to operational realities in sectors where privacy obligations must be carefully managed.

Creating privacy laws that work in real-world environments requires understanding the complexities agencies face, including resource constraints, large-scale data systems, and cross-sector collaboration. The committee’s support for a “reasonable steps” standard reflects an appreciation for these challenges while preserving the integrity of privacy protections.

This balanced approach also aligns with global trends. Privacy regulations worldwide are increasingly aiming for proportionality—strong enough to protect individuals but flexible enough to support innovation and efficiency. The TLANZ committee’s recommendations follow this principle, pushing for rules that elevate transparency without imposing excessive burdens.

Implications for Agencies and Organisations

If the new rules move forward, organisations that rely on third-party data collection will need to review their current practices.

Key implications include:

• Improved transparency mechanisms: Agencies will need to implement or upgrade systems that allow easy, timely notification to individuals.
• Reassessing third-party relationships: Organisations may need to ensure their partners provide sufficient information to facilitate notification.
• Clear privacy communication: Privacy policies and public statements must be updated to reflect how indirect data collection is handled.
• Enhanced accountability: Agencies will be expected to track how personal information is obtained and ensure notifications are issued when required.

These changes may require investment, but they also offer long-term benefits. Better transparency builds trust, strengthens customer relationships, and enhances compliance resilience.

A Step Toward a More Transparent Data Future

The TLANZ Technology & Law Committee’s support for new notification regulations marks a meaningful shift toward clarity and empowerment in the data environment. By endorsing stronger rules and resisting unnecessary exemptions, the committee signals a commitment to protecting personal information without compromising operational needs.

As technology continues to advance and data flows become more complex, the importance of robust privacy frameworks will only grow. This regulatory direction encourages organisations to adopt fair, transparent, and responsible data practices—ensuring individuals remain informed, respected, and in control within the digital ecosystem.

Frequently Asked Questions:

What is the TLANZ Committee?

The TLANZ Committee is a body focused on advising and reviewing laws related to technology, privacy, and data protection. It provides expert guidance to ensure regulations align with modern digital practices.

What new rules is the TLANZ Committee supporting?

The committee supports new regulations requiring agencies that collect personal data indirectly from third parties to take reasonable steps to notify individuals.

Why are these new rules important?

These rules boost transparency and ensure people know who is collecting their personal information, how it is used, and why it was gathered.

How will individuals benefit from these changes?

Individuals gain more control and awareness over their data. They’ll be informed when an agency collects their information from another source, improving trust and privacy protection.

What does “indirect data collection” mean?

It refers to situations where an organisation collects your personal information from someone else instead of directly from you—such as a data provider, partner company, or third-party service.

Are all agencies required to notify individuals?

Yes, but there are exceptions. Agencies can skip notification in certain limited situations, such as national security or law enforcement needs.

Why is the TLANZ Committee against expanding existing exemptions?

The committee believes the current exemptions are sufficient. Broadening them could weaken transparency and allow organisations to avoid notifying people unnecessarily.

Conclusion

The TLANZ Committee’s backing of stronger data-notification rules marks a decisive step toward a more transparent and trustworthy digital environment. By supporting clear guidelines for organisations that collect personal information indirectly, the committee reinforces the importance of individual awareness and informed consent. At the same time, its stance against expanding existing exemptions ensures that privacy protections remain meaningful and balanced. Together, these actions reflect a forward-looking approach that prioritises public trust while acknowledging the operational realities of modern data systems.