Duty LXD-0149
Crawls the web, in New Zealand
Copyright Act 1994, Fair Dealing and No Text-and-Data-Mining Exceptionsince 1 line
Copyright Act 1994 (NZ), No 143, ss. 2, 42, 43 · Read the law's page
- A use of a work is not infringing if it is fair dealing for criticism or review (with sufficient acknowledgement) or for reporting current events, or fair dealing for research or private study; training an AI model on copyrighted text does not fit either purpose as such, and no text-and-data-mining exception is available.
Crimes Act 1961, Accessing a Computer System Without Authorisationsince 2 lines
Crimes Act 1961 (NZ), No 43, s. 252 · Read the law's page
- Do not intentionally access, directly or indirectly, a computer system without authorisation, knowing or being reckless as to whether you are authorised to access it.
- Accessing a public, unauthenticated page has not itself been held to violate this section, since the offence does not extend to a person authorised to access a system who merely uses that access for an unintended purpose.
Copyright Act 1994, Technological Protection Measuressince 2 lines
Copyright Act 1994 (NZ), No 143, ss. 226A, 226C · Read the law's page
- Do not make, import, sell, distribute, or advertise a device, or provide a service or publish information, intended to circumvent a technological protection measure if you know or have reason to believe it will be used to infringe copyright in the protected work.
- Doing so in the course of business, with actual knowledge of the resulting infringement, is a separate criminal offence.
Privacy Act 2020, Reach Over Scraped Personal Informationsince 2 lines
Privacy Act 2020 (NZ), No 31, ss. 4, 7, 22 (IPP 1, 2) · Read the law's page
- Do not collect personal information, including personal information scraped from a public website, unless it is for a lawful purpose connected with a function or activity of your organisation and the collection is necessary for that purpose.
- Collecting personal information other than directly from the individual, including by scraping, is excused from the source-of-collection principle where the source is a publicly available publication, but the information remains subject to every other duty the Act imposes.
Privacy Act 2020, Information Privacy Principle 3A (Indirect-Collection Notice)since 2 lines
Privacy Act 2020 (NZ), No 31, s. 22 (IPP 3A), inserted by the Privacy Amendment Act 2025 (NZ), No 53, s. 4 · Read the law's page
- If you collect personal information about an individual other than from that individual, including by scraping it from a third-party source, take reasonable steps to make the individual aware, as soon as practicable after collection, of the fact of collection, its purpose, the intended recipients, your identity, any legal authority for the collection, and their access and correction rights.
- This duty does not apply to personal information collected before , or where the individual has already been made aware of these matters by other means.