79 Breaches of certain principles occurring before 1 July 1996

(1)

This section applies to any interference with the privacy of an individual involving a breach of any of principles 1, 2, 3, 4, 8, 9, 10, and 11, in any case where the action that constitutes the breach occurs before 1 July 1996.

(2)

Notwithstanding anything in this Part, but subject to subsection (3), where—

(a)

any complaint is made under this Part; or

(b)

any investigation is commenced under this Part,—

then, in so far as the complaint or investigation relates to an interference with the privacy of an individual (being an interference to which this section applies), the following provisions shall apply:

(c)

nothing in section 77(2) or section 77(3) or sections 82 to 89 shall apply in relation to the complaint or the investigation:

(d)

the Commissioner may make such recommendations as the Commissioner thinks fit to the agency against which the complaint was made or, as the case requires, in respect of which the investigation was conducted, including (without limitation) a recommendation that the agency develop a code of practice in relation to all or any of its activities:

(e)

where the Commissioner makes a recommendation to an agency pursuant to paragraph (d), the Commissioner may request the agency to notify the Commissioner, within a specified time, of the steps (if any) that the agency proposes to take to give effect to the Commissioner’s recommendation.

(3)

Nothing in this section applies in relation to any interference with the privacy of an individual involving a breach of any information privacy principle, where the action that breaches the principle constitutes a failure to comply with a code of practice issued under section 46.