New Zealand: Privacy Commissioner released guidance on use of images under Privacy Act

On 11 August 2025, the Privacy Commissioner issued guidance on the use of images under the Privacy Act 2020. The Commissioner confirmed that photographs qualify as personal information when they identify an individual. Agencies are expected to be transparent when collecting, using, or sharing such information, and commercial agencies must do so fairly and without unreasonable intrusiveness, even in public places. The guidance also stressed that the fact that personal information is publicly available does not automatically make its use or disclosure fair or reasonable. Agencies must assess factors such as the sensitivity of the image and the potential impact on the individual. The Commissioner further recommended that agencies wishing to use photographs for commercial purposes obtain consent both for taking the photographs and for their intended use. However, the guidance clarified that the Privacy Act does not apply to the collection and reporting of news and current affairs by news media.