Part 8
Complaints

Interpretation

66 Interference with privacy
  • (1) For the purposes of this Part, an action is an interference with the privacy of an individual if, and only if,—

    • (a) in relation to that individual,—

      • (i) the action breaches an information privacy principle; or

      • (ii) the action breaches a code of practice issued under section 63 (which relates to public registers); or

      • (iia) the action breaches an information privacy principle or a code of practice as modified by an Order in Council made under section 96J; or

      • (iib) the provisions of an information sharing agreement approved by an Order in Council made under section 96J have not been complied with; or

      • (iii) the provisions of Part 10 (which relates to information matching) have not been complied with; and

    • (b) in the opinion of the Commissioner or, as the case may be, the Tribunal, the action—

      • (i) has caused, or may cause, loss, detriment, damage, or injury to that individual; or

      • (ii) has adversely affected, or may adversely affect, the rights, benefits, privileges, obligations, or interests of that individual; or

      • (iii) has resulted in, or may result in, significant humiliation, significant loss of dignity, or significant injury to the feelings of that individual.

    (2) Without limiting subsection (1), an action is an interference with the privacy of an individual if, in relation to an information privacy request made by the individual,—

    • (a) the action consists of a decision made under Part 4 or Part 5 in relation to the request, including—

      • (i) a refusal to make information available in response to the request; or

      • (ii) a decision by which an agency decides, in accordance with section 42 or section 43, in what manner or, in accordance with section 40, for what charge the request is to be granted; or

      • (iii) a decision by which an agency imposes conditions on the use, communication, or publication of information made available pursuant to the request; or

      • (iv) a decision by which an agency gives a notice under section 32; or

      • (v) a decision by which an agency extends any time limit under section 41; or

      • (vi) a refusal to correct personal information; and

    • (b) the Commissioner or, as the case may be, the Tribunal is of the opinion that there is no proper basis for that decision.

    (3) If, in relation to any information privacy request, any agency fails within the time limit fixed by section 40(1) (or, where that time limit has been extended under this Act, within that time limit as so extended) to comply with paragraph (a) or paragraph (b) of section 40(1), that failure shall be deemed, for the purposes of subsection (2)(a)(i) of this section, to be a refusal to make available the information to which the request relates.

    (4) Undue delay in making information available in response to an information privacy request for that information shall be deemed, for the purposes of subsection (2)(a)(i), to be a refusal to make that information available.

    Compare: 1982 No 156 s 28(1), (2), (4), (5); 1987 No 8 s 16(1); 1987 No 174 s 27(1), (2), (4), (5)

    Section 66(1)(a)(iia): inserted, on 27 February 2013, by section 7 of the Privacy Amendment Act 2013 (2013 No 1).

    Section 66(1)(a)(iib): inserted, on 27 February 2013, by section 7 of the Privacy Amendment Act 2013 (2013 No 1).