Digital Identity Services Trust Framework Bill

  • enacted
103 Immunity for TF providers for actions of users

(1)

A TF provider is immune from liability in civil proceedings for claims a claim that a user, when using an accredited digital identity service provided by the TF provider, has caused harm or damage to an individual or organisation or has themselves suffered harm or damage.

(2)

However, subsection (1) does not apply if an act or omission by a TF provider relating to the alleged harm or damage constitutes bad faith or gross negligence.—

(a)

if an act or omission by a TF provider relating to the alleged harm or damage constitutes bad faith or gross negligence:

(b)

to proceedings arising from a complaint under the Privacy Act 2020.

(3)

In this section,—

TF provider means a the TF provider and (as relevant) their or its officers and those involved in the management of, employed by, or contracted by, the TF provider

using an accredited digital identity service means—

(a)

using an accredited service for a transaction with a relying party; or

(b)

communicating or interacting with a TF provider in relation to the provision of that service to the user.

Compare: 2012 No 123 s 65(5); 2012 No 124 s 20(3)