Case Note 48423 [2002] NZPrivCmr 6 – Small company complains about newspaper performing credit check

A couple were shareholders and directors of a small publishing company. They complained to me that Fourth Estate Holdings Limited, publishers of the National Business Review, conducted unauthorised personal credit checks on each of them through Baycorp Limited. The couple also complained that Fourth Estate had refused to provide the name of the employee who had conducted the credit checks. I came to the conclusion that Fourth Estate was engaging in what the Privacy Act describes as a ‘news activity’ and, consequently, that the Act’s provisions were not applicable.

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