New Zealand: Adopted Guidance on Artificial Intelligence and the Information Privacy Principles

On 21 September 2023, the Privacy Commissioner of New Zealand adopted its Guidance on Artificial Intelligence (AI) and the Information Privacy Principles (IPP). The Guidance outlines the privacy considerations that apply to the use of AI tools, set out the legal requirements of the Privacy Act and the IPPs, and suggest ways of complying with these requirements. For example, the Guidance recommends conducting a Privacy Impact Assessment (PIA) before using AI tools and regularly updating it. The Guidance also highlights aspects of AI that raise data protection considerations and suggest how processors using AI can meet their legal obligations in a number of use cases, such as the relevance and reliability of training data, the alignment of data use with its original purpose, data tracking and management, and testing AI tools for accuracy and fairness.