In March 2018, New Zealand signed the
Comprehensive and Progressive Agreement
for the Trans-Pacific Partnership (CPTPP) and is
currently considering its ratification. Chapter
14 of the TPP on electronic communications
includes several provisions that affect data and
privacy obligations with respect to New Zealand’s
activities with the ten other member countries.46
Relevant provisions include:
• Personal Information Protection: Each Party
is called on to adopt or maintain a legal
framework that protects users of electronic
communications personal information.
It recommends looking toward existing
privacy principles when doing so.
• Cross Border Transfer of Information by
Electronic Means: Allows for the crossborder transfer of personal information
when the activity is for the “conduct of the
business of the covered person.
• Data localisation: Parties cannot require
companies to locate computing facilities
in another Party’s territory as a condition
for conducting business in that territory.
This ensures that businesses who want to
conduct business in a Party’s territory will
have the freedom to choose where to store
the data.
• Source Code: Prevents a country from
requiring access to source code as a
condition for conducting business. However,
this does not extend to software used for
critical infrastructure.
46 Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, Peru,
Singapore, Vietnam.
14