Privacy Bill

  • enacted
131 Appeal against compliance notice or Commissioner’s decision to vary or cancel notice

(1)

An agency that has been issued with a compliance notice may appeal to the Tribunal—

(a)

against all or part of the notice; or

(b)

against a decision by the Commissioner to vary or cancel the notice.

(2)

An appeal must be lodged within 15 working days from the day on which the compliance notice is issued or the notice of the decision is given to the agency.

(3)

The Tribunal may allow an appeal and order a remedy under section 133(1)(b) if it considers that—

(a)

the compliance notice or decision against which the appeal is brought is not in accordance with the law; or

(b)

to the extent that the compliance notice or decision involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised that discretion differently; or

(c)

the agency has fully complied with the compliance notice.

(4)

The Tribunal may review any determination of fact on which the compliance notice or decision was based.

(5)

The Tribunal must not cancel or modify a compliance notice for the reason that—

(a)

the breach was unintentional or without negligence on the part of the agency; or

(b)

the agency has taken steps to remedy the breach, unless there is no further reasonable step that the agency can take to do so.

Compare: 1993 No 28 s 114G