Do You Need a Full-Time Privacy Officer?

Under New Zealand's Privacy Act 2020, organisations are required to appoint a Privacy Officer. Whether you're a small business, a growing medium-sized organisation, a large corporate or a not-for-profit, the Privacy Act applies to your organisation, therefore, you need a Privacy Officer.

What many organisations don't realise is that your Privacy Officer doesn't have to be a full-time employee. In fact, they don't even have to work within your organisation. The Privacy Act specifically allows organisations to appoint someone from outside the business to fulfil the role.

For organisations that need privacy expertise but don't have enough work to justify employing a dedicated specialist, a fractional or Virtual Privacy Officer can offer a practical, flexible and cost-effective solution.

In many organisations, the Privacy Officer role is assigned to someone who already has a demanding day job. It might be the Risk Manager, General Counsel, HR Manager, IT Manager or someone in the compliance team. There's nothing inherently wrong with this approach. These individuals often understand the organisation well and are well placed to identify privacy risks. However, privacy is a specialist discipline, and the demands of the role can extend well beyond what someone might reasonably be expected to manage alongside their other responsibilities.

Under the Privacy Act, a Privacy Officer is responsible for encouraging compliance with the Information Privacy Principles, dealing with requests from individuals to access or correct their personal information, and working with the Office of the Privacy Commissioner when complaints are investigated. In practice, the role can involve much more, from managing privacy breaches and advising on new technology to reviewing policies, conducting Privacy Impact Assessments and helping staff understand how to handle personal information appropriately.

These responsibilities can be relatively straightforward when everything is running smoothly and the organisation has mature processes. But what happens when an employee makes a complex information request, a customer raises a privacy complaint, or the organisation experiences a data breach? What if a new AI tool is being introduced, a major technology project needs privacy input, or the appointed Privacy Officer is on leave or simply doesn't have enough time to give an issue the attention it deserves?

Suddenly, the person responsible for privacy may find themselves dealing with a situation that requires specialist knowledge, significant time or experience they haven't had the opportunity to develop.

The answer isn't necessarily to recruit a full-time privacy specialist. For many organisations, it may simply be about having access to the right expertise when it's needed. This is where a fractional Privacy Officer can make a real difference.

A fractional Privacy Officer is an experienced privacy professional who provides support to an organisation on a part-time, flexible or retained basis. Rather than employing someone full-time, the organisation engages external privacy expertise for an agreed level of support. This might involve a few hours of advice each month, assistance with complex privacy matters or more substantial involvement during major projects.

Depending on the organisation's needs, a fractional Privacy Officer can be formally appointed to the role or work alongside an existing internal Privacy Officer, providing specialist advice, mentoring and additional capacity. Both approaches can be effective, provided responsibilities are clearly defined and the arrangement meets the organisation's legal and operational requirements.

One of the real advantages of a fractional arrangement is that it allows organisations to access specialist privacy knowledge without having to build that capability entirely in-house. An internal Privacy Officer may be perfectly capable of managing routine matters but benefit from having an experienced adviser to turn to when something more complex arises. This can be particularly valuable when dealing with privacy breaches, difficult information requests, new technologies or projects involving sensitive personal information.

For many organisations, privacy only becomes a priority when something goes wrong. Having access to regular specialist support can help identify risks earlier, improve policies and procedures, strengthen privacy governance and ensure privacy considerations are built into business decisions from the outset.

Over time, a fractional Privacy Officer can develop a good understanding of how an organisation operates, the information it handles, its systems and its people. This familiarity means advice can be more relevant and practical, rather than starting from scratch every time an issue arises. It also helps create continuity, particularly where internal staff change roles or privacy responsibilities are spread across different teams.

Another important benefit is flexibility. Not every organisation needs 40 hours of specialist privacy support each week. Some may need occasional advice and a regular check-in, while others may require more intensive support during a particular project or period of change. A fractional arrangement allows the level of involvement to be tailored to the organisation's size, complexity, risk profile and available resources. For medium-sized organisations in particular, this can provide a sensible balance between managing privacy obligations effectively and controlling costs. It offers access to experienced privacy capability without the ongoing commitment of a dedicated full-time position, while allowing support to increase as the organisation grows or its privacy needs become more complex.

At ThreeBlackCats, we understand that privacy needs to work in practice, not just on paper. Organisations have competing priorities, limited resources and plenty of other things demanding their attention. Privacy is important, but the way it is managed needs to be proportionate, practical and suited to the organisation. We take the time to understand how an organisation operates, the personal information it handles and the challenges it faces. Our focus is on providing clear, pragmatic advice that helps people make informed decisions, manage privacy risks and build confidence in their approach to privacy.

And because no two organisations are the same, our support can be tailored accordingly. Some clients may benefit from an ongoing retainer, while others may need assistance for a defined period or a particular project. The aim is to provide the right level of privacy expertise without unnecessary complexity or overhead.

If your organisation has appointed a Privacy Officer but they struggle to find time for the role, lack access to specialist advice or are regularly being pulled into complex privacy matters, it may be worth considering whether a fractional arrangement could help. Equally, if you're unsure whether your current privacy arrangements are sufficient, or you're looking for a more sustainable way to manage your obligations, external support may provide a practical way forward.

If you'd like to explore how a fractional Privacy Officer could work for your organisation, get in touch with ThreeBlackCats. We'd be happy to have a conversation about what you need and how we can help.