In June 2026 a property manager obtains a prospective tenant's past rental history from a former landlord, not from the applicant. Under information privacy principle 3A of the Privacy Act 2020, what must the property manager generally do?
Correct Answer
A) Take reasonable steps to tell the applicant the information was collected, and why.
Information privacy principle 3A applies to personal information collected on or after 1 May 2026 from someone other than the individual. The agency must take reasonable steps, as soon as reasonably practicable, to make the individual aware of the collection, its purpose, the intended recipients, who holds it, and the rights of access and correction. Exceptions apply, for example where the individual already knows these matters or non-compliance would not prejudice their interests.
Why This Is the Correct Answer
IPP 3A requires the applicant to be made aware of the indirect collection and its purpose.
Why the Other Options Are Wrong
Option B: Nothing, because the Privacy Act only regulates information collected from the person.
IPP 3A, in force from 1 May 2026, applies when personal information is collected from someone other than the individual.
Option C: Obtain the former landlord's written consent before using the information.
IPP 3A requires steps to make the individual concerned aware; the source's consent is not the test.
Option D: Delete the information within 20 working days unless the applicant asks to see it.
Twenty working days is the deadline for answering access requests under s 44; it is not a deletion rule.
Background Knowledge for Compliance
Source: https://www.legislation.govt.nz/act/public/2020/0031/latest/whole.html
Exam Tip for Compliance
From 1 May 2026, collecting about someone from a third party means telling that person.
Common Mistakes to Avoid on Compliance Questions
- •Thinking privacy notices matter only when the individual supplies the information.
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