Privacy Bill

  • enacted

Proceedings

130 Enforcement of compliance notice

(1)

The Commissioner may take enforcement proceedings in the Tribunal—

(a)

if the time for an appeal under section 131 has passed and no appeal has been lodged against a compliance notice; and

(b)

if—

(i)

the Commissioner has reason to believe that the agency has not remedied or will not remedy the breach (if applicable, by the date stated in the notice); or

(ii)

the agency has failed to report to the Commissioner on the steps taken to remedy the breach by the date stated in the notice.

(2)

An agency may object to enforcement of a compliance notice only on the ground that the agency believes that the notice has been fully complied with.

(3)

In proceedings under this section, the Tribunal—

(a)

must not examine or make any determination about the issuing or merits of a compliance notice:

(b)

may examine and make a determination about whether a compliance notice has been fully complied with:

(c)

may order a remedy under section 133(1)(a).

(4)

Proceedings under this section may be heard by the Chairperson sitting alone unless the Chairperson considers that, because of the issues involved, it would be more appropriate for the proceedings to be heard by the Tribunal.

Compare: 1988 No 110 s 45