Privacy Act 1993

114D Transfer prohibition notice

  • (1) A prohibition under section 114B(1) is to be effected by the service of a transfer prohibition notice on the agency proposing to transfer the personal information concerned.

    (2) A transfer prohibition notice must—

    • (a) state the name of the agency to whom it relates; and

    • (b) describe the personal information concerned; and

    • (c) state that the transfer of the personal information concerned from New Zealand to a specified State is prohibited either—

      • (i) absolutely; or

      • (ii) until the agency has taken the steps stated in the notice to protect the interests of any individual or individuals affected by the transfer; and

    • (d) state the time when the notice takes effect; and

    • (e) state the ground for the prohibition; and

    • (f) state that the agency on whom the notice is served may lodge an appeal against the notice to the Human Rights Review Tribunal, and the time within which the appeal must be lodged.

    (3) The time when the notice takes effect under subsection (2)(d) must not be before the end of the period within which an appeal against the notice can be lodged.

    (4) If an appeal is brought, the notice does not take effect pending the determination or withdrawal of the appeal.

    (5) If the Commissioner, by reason of special circumstances, considers that the prohibition should take effect as a matter of urgency in relation to all or any part of the notice,—

    • (a) subsections (3) and (4) do not apply; and

    • (b) the notice takes effect on the sixth working day after the date on which the notice is served; and

    • (c) the notice must include—

      • (i) a statement that the Commissioner considers that the prohibition must take effect as a matter of urgency; and

      • (ii) a statement of the reasons why the Commissioner has reached that conclusion.

    Compare: Data Protection Act 1988 s 11 (Ire)

    Section 114D: inserted, on 8 September 2010, by section 8 of the Privacy (Cross-border Information) Amendment Act 2010 (2010 No 113).