
GOV-039785
Accredited Employers Programme
Operational Directive
Privacy Breach Reporting
The Directive
This Operational Directive (5 December 2024) requires all Accredited Employers (
AEs) to
report to ACC on privacy breaches, in relation to work-related personal injury claims. This
replaces the Directive and associated Guidelines of November 2015.
ACC will use this reporting data to get an understanding of work-related injury privacy
breaches. This may include ACC using the data to help identify and assess privacy risks across
AEs and Third Party Administrators (
TPAs). All reporting data received and analysed by ACC
will be de-identified.
"Notifiable” breaches – report to ACC within 72 hours
For breaches assessed as “notifiable” under the
Privacy Act 2020, Accredited Employers are
required to notify the Privacy Commissioner, as soon as practicable, and in any event, no
later than 72 hours after the AE or TPA becomes aware of the notifiable privacy breach.
Accredited Employers should also send an anonymised breach notification to ACC’s
Accredited Employers team. ACC will seek assurance that the AE or TPA (as the case may be)
has notified the affected individual(s) and the Office of the Privacy Commissioner and that a
sufficient privacy breach response plan is in place.
Other privacy breaches – report to ACC by the 5th of the following month
All other privacy breaches should be reported to ACC no later than the 5th day of the month
following the month that the AE or the TPA (as the case may be) has become aware that a
breach has occurred.
In all cases the report should be sent to ACC’s Accredited Employers Team
[email address]. The report should include high level, anonymised details of what
level of personal information was involved in the breach, how the breach occurred, and
what steps have been taken to resolve the privacy breach.
What is a privacy breach?
“Personal Information” is information that relates to an identifiable individual. ACC considers
any non-compliance – or ‘breach’ of the 13 Information Privacy Principles in the
Privacy Act
2020, or Rules contained in an applicable Code of Practice (such as the
Health Information Privacy
Code 2020) to be a ‘privacy breach’. Privacy breaches could be due to any of the following:
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• unauthorised, accidental or otherwise non-compliant –
- collection of, access to, loss or destruction of, use or disclosure of personal
information; or
• an action that prevents the agency from accessing the information on either a
temporary or permanent basis; and
• where an agency does not respond to a request to access or correct personal
information; either within the legislated time frame or in compliance with the
Privacy
Act 2020.
Importantly, a privacy breach is broader than the unauthorised disclosure of information to a
third party. A breach may involve unauthorised disclosure within an agency, or failure to ensure
sufficient safeguards exist to protect personal information.
Common privacy breaches
Common privacy breaches in relation to AEs and TPAs include:
• Personal information being sent to the wrong postal address, email address or
mobile phone number.
• Employees accessing or sharing personal information without authorisation (also
known as employee browsing).
• Employees within the business who are unauthorised to access ACC claims
information, accessing or being provided with the information for purposes other
than claim management or another legitimate purpose
.
• Computers, removable storage devices, or documents containing personal
information being lost or stolen.
• Hardware being thrown away, recycled, or returned to leasing companies without
personal information being deleted first.
• Personal information being illegally accessed or hacked.
• Organisations losing the ability to access personal information on its systems.
Notifiable breach, and reporting to the OPC
Under the
Privacy Act 2020, a notifiable privacy breach is one in which an agency has
reasonably judged that a breach it has experienced either has caused or is likely to cause
someone serious harm. The term “serious harm” is defined in section 113 of the
Privacy
Act 2020.
If the privacy breach meets this serious harm threshold, then organisations must inform
the Office of the Privacy Commissioner and, unless an exception applies, the affected
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individual or individuals. There is an expectation from the Office of the Privacy
Commissioner that notification will occur within 72 hours of becoming aware of the
breach.
The Office of the Privacy Commissioner’s online tool
NotifyUs can help your organisation
assess whether your breach is notifiable and guides you through their reporting process:
• ‘NotifyUs’ tool
https://www.privacy.org.nz/responsibilities/privacy-breaches/notify-us/
What happens next?
It is for the AE or TPA (as the case may be) to resolve any issues associated with the breach.
ACC may occasionally work with the AE or TPA to help resolve the privacy breach and/or
support the implementation of measures to prevent a recurrence. This is to ensure we are
achieving the best outcomes for the Accredited Employers Programme.
ACC’s Privacy Team will use the information received to help create a full picture of all work
injury related privacy breaches, and to identify issues and trends. Where necessary ACC will
work with Accredited Employers to determine the best approach their organisation can
make to reduce privacy breaches and increase public trust.
When assessing a privacy breach, it may be helpful to use the free and accessible privacy
modules available on the Office of the Privacy Commissioner (OPC) website:
• Modules on the
Health Information Privacy Code 2020 and
Privacy Act 2020 found
here: https://elearning.privacy.org.nz/
• Guidance and definitions for ‘Sensitive’ and Health information found here:
https://www.privacy.org.nz/publications/guidance-resources/working-with-
sensitive-information/
Completing the reporting template
• When completing the below reporting template you must not include any personal
or identifiable information.
• Send the completed template to the AEP team at [email address].
Employer
TPA Name
Incident
Description of
What investigation
What has been
Name
(if no TPA
date
privacy incident
was done into this
done to
involved in
incident?
resolve the
breach write
incident?
N/A)
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Under ‘Description of privacy incident’:
•
What was the sequence of events that caused the incident?
•
How did it happen? Identify the point of failure.
•
Exactly what personal information was involved?
Under ‘What investigation was done into this incident?’
•
Are processes unclear, or current processes and internal guidelines inadequate?
•
Did technology or systems not work as expected?
Under ‘What has been done to resolve the incident’?
•
If information has been sent to the wrong party, has it been returned or
destroyed?
•
Have the affected individuals been contacted/notified?
•
If caused by a staff member not following correct processes, has that staff
member been reminded of the correct processes? Is further training/education
required?
•
If there was a systems or technology failure, has the systems or technology
failure been fixed?
Important note
This document should be read as a Directive in Terms of the Accredited Employers Programme Accreditation
Agreement. It expands on employer’s obligations under the Agreement to ‘promptly’ advise ACC of a privacy
breach.
ACC7245 December 2024
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