Privacy Act 2020

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Version as at 1 July 2022

Privacy Act 2020

Public Act		2020 No 31
Date of assent		30 June 2020
Commencement		see section 2

Note

The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

This Act is administered by the Ministry of Justice.

1	Title
2	Commencement
	Part 1 Preliminary provisions
	Subpart 1—Preliminary matters
3	Purpose of this Act
4	Application of this Act
5	Transitional, savings, and related provisions
6	Act binds the Crown
	Subpart 2—Interpretation and related matters
7	Interpretation
8	Meaning of New Zealand agency
9	Meaning of overseas agency
10	Personal information held by agency if held by officer, employee, or member of agency
11	Personal information treated as being held by another agency in certain circumstances
12	Actions of, and disclosure of information to, staff of agency, etc
	Part 2 Privacy Commissioner
	Subpart 1—Appointment of Privacy Commissioner
13	Privacy Commissioner
14	Deputy Privacy Commissioner
15	Holding of other offices
16	Superannuation or retiring allowances
	Subpart 2—Functions of Privacy Commissioner
17	Functions of Commissioner
18	Other functions of Commissioner
19	Responsible Minister must present copy of report on operation of Act to House of Representatives
20	Duty to act independently
21	Commissioner to have regard to certain matters
	Part 3 Information privacy principles and codes of practice
	Subpart 1—Information privacy principles
22	Information privacy principles
23	Application of IPPs in relation to information held overseas
24	Relationships between IPPs and other New Zealand law
25	IPPs 1 to 4 do not apply to personal information collected before 1 July 1993
26	Restricted application of IPP 13 to unique identifiers assigned before 1 July 1993
27	Restricted application of IPPs to personal information collected or held for personal or domestic affairs
28	IPPs 2, 3, and 4(b) do not apply to personal information collected by intelligence and security agencies
29	IPPs 6 and 7 do not apply to certain information
30	Commissioner may authorise collection, use, storage, or disclosure of personal information otherwise in breach of IPP 2 or IPPs 9 to 12
31	Enforceability of IPPs
	Subpart 2—Codes of practice
32	Codes of practice in relation to IPPs
33	Issue of code of practice
34	Urgent issue of code of practice
35	Commencement of code
36	Application of Legislation Act 2019 to codes
37	Amendment and revocation of codes of practice
38	Effect of codes of practice
	Part 4 Access to and correction of personal information
	Subpart 1—Access to personal information
39	Interpretation
40	Individuals may make IPP 6 request
41	Urgency
42	Assistance
43	Transfer of IPP 6 request
44	Responding to IPP 6 request
45	Decision to grant access to personal information
46	Decision to refuse access to personal information
47	Decision to neither confirm nor deny personal information is held
48	Extension of time limits
49	Protection, etc, of individual as reason for refusing access to personal information
50	Evaluative material as reason for refusing access to personal information
51	Security, defence, international relations as reason for refusing access to personal information
52	Trade secret as reason for refusing access to personal information
53	Other reasons for refusing access to personal information
54	Agency may impose conditions instead of refusing access to personal information
55	Withholding personal information contained in document
56	Ways personal information in document may be made available
57	Responsibilities of agency before giving access to personal information
	Subpart 2—Correction of personal information
58	Interpretation
59	Individuals may make correction requests
60	Urgency
61	Assistance
62	Transfer of correction request
63	Decision on request to correct personal information
64	Decision on request to attach statement of correction
65	Extension of time limits
	Subpart 3—Charges
66	Charges
67	Commissioner may authorise public sector agency to impose charge
	Part 5 Complaints, investigations, and proceedings
68	Interpretation
69	Interference with privacy of individual
	Subpart 1—Complaints
70	Complaints
71	Who may make complaint
72	Form of complaint
73	Procedure on receipt of complaint
74	Commissioner may decide not to investigate complaint
75	Referral of complaint to another person
76	Referral of complaint to overseas privacy enforcement authority
77	Exploring possibility of settlement and assurance without investigating complaint
78	Referral of complaint to Director without conducting investigation
	Subpart 2—Investigations by Commissioner
79	Application of this subpart
80	Commencing investigation
81	Conducting investigation
82	Commissioner may regulate own procedure
83	Exploring possibility of settlement and assurance during investigation
84	Referral of complaint to Director without completing investigation
85	Compulsory conferences of parties to complaint
86	Power to summon persons
87	Power to require information and documents
88	Disclosure of information may be required despite obligation of secrecy
89	Protection and privileges of persons required to provide information, etc
90	Disclosed information privileged
91	Procedure after completion of investigation relating to access to personal information
92	Access direction
93	Procedure after completion of investigation relating to charging
94	Procedure after completion of other investigations
95	Special procedure relating to intelligence and security agency
96	Commissioner to report breach of duty or misconduct
	Subpart 3—Proceedings before Human Rights Review Tribunal
	Proceedings in relation to complaints or investigations
97	Director may commence proceedings in Tribunal
98	Aggrieved individuals may commence proceedings in Tribunal
99	Right of Director to appear in proceedings commenced under section 98
100	Apology not admissible except for assessment of remedies
101	Onus of proof
102	Remedies in respect of interference with privacy
103	Damages
	Access order
104	Enforcement of access direction
	Appeal against access direction
105	Appeal to Tribunal against access direction
106	Time for lodging appeal
107	Interim order suspending Commissioner’s direction pending appeal
108	Determination of appeal
	Miscellaneous
109	Proceedings involving access to personal information
110	Costs
111	Certain provisions of Human Rights Act 1993 to apply
	Part 6 Notifiable privacy breaches and compliance notices
	Subpart 1—Notifiable privacy breaches
112	Interpretation
113	Assessment of likelihood of serious harm being caused by privacy breach
114	Agency to notify Commissioner of notifiable privacy breach
115	Agency to notify affected individual or give public notice of notifiable privacy breach
116	Exceptions to or delay in complying with requirement to notify affected individuals or give public notice of notifiable privacy breach
117	Requirements for notification
118	Offence to fail to notify Commissioner
119	Section 211 does not apply to processes and proceedings relating to failure to notify notifiable privacy breach
120	Liability for actions of employees, agents, and members of agencies
121	Knowledge of employees, agents, and members of agencies to be treated as knowledge of employers, principal agencies, and agencies
122	Publication of identity of agencies in certain circumstances
	Subpart 2—Compliance notices
123	Compliance notices
124	Issuing compliance notice
125	Form of compliance notice
126	Agency response to compliance notice
127	Commissioner may vary or cancel compliance notice
128	Commissioner’s power to obtain information
129	Publication of details of compliance notice
	Proceedings
130	Enforcement of compliance notice
131	Appeal against compliance notice or Commissioner’s decision to vary or cancel notice
132	Interim order suspending compliance notice pending appeal
133	Remedies, costs, and enforcement
134	Application of Human Rights Act 1993
135	Commissioner may be represented in proceedings
	Part 7 Sharing, accessing, and matching personal information
	Subpart 1—Information sharing
136	Purpose of this subpart
137	Relationship between subpart 1 and other law relating to information disclosure
138	Interpretation
139	Information sharing between agencies
140	Information sharing within agencies
141	Parties to information sharing agreement
142	Agreement may apply to classes of agencies
143	Lead agency
144	Form and content of information sharing agreement
145	Governor-General may approve information sharing agreement by Order in Council
146	Requirements for Order in Council
147	Further provisions about Order in Council
148	Status of Order in Council [Repealed]
149	Matters to which relevant Minister must have regard before recommending Order in Council
150	Consultation on proposed information sharing agreement
151	Commissioner may prepare and publish report on approved information sharing agreement
152	Requirement to give notice of adverse action
153	When requirement to give notice of adverse action applies
154	Responsibilities of lead agency
155	Report of lead agency
156	Commissioner may specify frequency of reporting by lead agency
157	Amendment of approved information sharing agreement
158	Review of operation of approved information sharing agreement
159	Report on findings of review
160	Relevant Minister must present copy of report under section 159(1) and report setting out Government’s response to House of Representatives
161	Power to amend Schedule 2 by Order in Council
	Subpart 2—Identity information
162	Purpose of this subpart
163	Relationship between this subpart and other law relating to information disclosure
164	Interpretation
165	Access by agencies to identity information
166	Manner and form of access
167	Annual reporting requirement
168	Power to amend Schedule 3 by Order in Council
	Subpart 3—Law enforcement information
169	Purpose of this subpart
170	Relationship between this subpart and other law relating to information disclosure
171	Interpretation
172	Access by accessing agencies to law enforcement information
173	Power to amend Schedule 4 by Order in Council
	Subpart 4—Authorised information matching programmes
174	Purpose of this subpart
175	Application of this subpart
176	Relationship between this subpart and other law relating to information disclosure
177	Interpretation
178	Information matching agreements
179	Use of results of authorised information matching programme
180	Extension of time limit
181	Notice of adverse action proposed
182	Reporting requirements
183	Reports on authorised information matching programmes
184	Reports on information matching provisions
185	Responsible Minister must present copy of report under section 184 and report setting out Government’s response to House of Representatives
186	Avoidance of controls on information matching through use of exceptions to information privacy principles
187	Avoidance of controls on information matching through use of official information statutes
188	Power to amend Schedule 5 by Order in Council
189	Power to amend Schedule 6 by Order in Council
190	Amendments to other enactments related to this subpart [Repealed]
191	Repeal of section 190 and Schedule 7
	Part 8 Prohibiting onward transfer of personal information received in New Zealand from overseas
192	Interpretation
193	Prohibition on transfer of personal information outside New Zealand
194	Commissioner’s power to obtain information
195	Transfer prohibition notice
196	Commissioner may vary or cancel transfer prohibition notice
197	Offence in relation to transfer prohibition notice
198	Appeals against transfer prohibition notice
199	Application of Human Rights Act 1993
200	Power to amend Schedule 8 by Order in Council
	Part 9 Miscellaneous provisions
	General
201	Privacy officers
201A	Responsibility under Parts 4 to 6 for interdepartmental executive board
202	Commissioner may require agency to supply information
203	Inquiries
204	Powers relating to declaratory judgments
205	Protection against certain actions
206	Commissioner and staff to maintain secrecy
207	Commissioner may share information with overseas privacy enforcement authority
208	Consultation
209	Exclusion of public interest immunity
210	Adverse comment
	Liability and offences
211	Liability of employers, principals, and agencies
212	Offences
	Regulations
213	Regulations: prescribed binding schemes
214	Regulations: prescribed countries
215	Other regulations
	Repeal, revocation, and consequential amendments
216	Repeal and revocation
217	Consequential amendments [Repealed]
218	Repeal of section 217 and Schedule 9
	Schedule 1 Transitional, savings, and related provisions
	Schedule 2 Approved information sharing agreements
	Schedule 3 Identity information
	Schedule 4 Law enforcement information
	Schedule 5 Information matching provisions
	Schedule 6 Information matching rules
	Schedule 7 Amendments to other enactments related to subpart 4 of Part 7 [Repealed]
	Schedule 8 Basic principles of national application set out in Part Two of OECD Guidelines
	Schedule 9 Consequential amendments [Repealed]
	Notes

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