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Summary of further questions

WE SEEK FURTHER SUBMISSIONS on the following matters which will be addressed in our third report:

• In relation to the allocation of liability for unauthorised electronic banking transactions (both credit card and electronic funds transfer (EFT) transactions):

– should parties be left to contractual devices notwithstanding disproportionate bargaining powers;
– if not, how should risk be allocated between the parties; and
– should rules for allocating risk be included in legislation or form part of a voluntary industry code?

• In relation to the privacy issues raised by caching:

– are there any practical problems and issues in the application of the existing law;
– if so, do those problems arise in relation to collection, holding or giving access; and
– if a law change is warranted, how that amendment might be framed?

• In general on whether legislation is required to allow the use of electronic transportation documents.
• We are of the view that there is not, as yet, a demonstrable need for legislative intervention to provide greater protection against the misuse of information. However, as there may be a demonstrable need in the near future for added protection, we seek further submissions on:

– are the existing statutory, common law and equitable actions sufficient to meet the needs of those involved in electronic commerce;
– if not, should information be redefined as property; or
– should we codify the law of unjust enrichment; or
– hould a statutory tort be introduced which would give the owner of a computer system a right of action against a person where that person had breached criminal legislation dealing with computer misuse and, as a result, caused loss or obtained benefit; and, if so,
– will the New Zealand insurance market provide adequate and cost effective cover for electronic commerce risks for businesses operating in electronic commerce;
– what other options are suggested to deal with the issues raised?