Privacy Bill

  • enacted

Subpart 2—Compliance notices

124 Compliance notices

(1)

The Commissioner may issue a compliance notice to an agency if the Commissioner considers that 1 or both more of the following may have occurred:

(a)

a breach of this Act, including an action listed in section 75(2)(a):

(b)

an action that is to be treated as a breach of an IPP or an interference with the privacy of an individual under another Act.:

(c)

a breach of a code of practice issued under this Act or a code of conduct (or similar) issued under another Act (if a complaint about a breach of the code can be the subject of a complaint under Part 5 of this Act).

(2)

Before issuing a compliance notice, the Commissioner may, but is not required to,—

(a)

assess whether any person has suffered harm (for example, the types of harm listed in section 75(2)(b)):

(b)

use other means under this Act or another Act for dealing with the breach.

(3)

A compliance notice may be issued at any time, including concurrently with the use of any other means for dealing with the breach.

Example

The Commissioner issues a compliance notice while dealing with the same breach as a complaint under Part 5.