Section 211 — Privacy Act 2020: Liability of employers, principals, and agencies

211 Liability of employers, principals, and agencies (1) For the purpose of this Act,— (a) anything done or omitted to be done by a person ( A ) as an employee of another person ( B ) is to be treated as being done or omitted by both A and B, whether or not it was done or omitted with B’s knowledge or approval: (b) anything done or omitted to be done by a person ( A ) as an agent of another person ( B ) is to be treated as being done or omitted by both A and B, unless it was done or omitted without B’s express or implied authority: (c) anything done or omitted to be done by a person as a member of an agency is to be treated as being done or omitted by both the person and the agency, unless it is done or omitted without the agency’s express or implied authority. (2) In proceedings under this Act against any person ( C ) in respect of an act alleged to have been done by an employee of that person ( D ), it is a defence to prove that C took such steps as were reasonably practicable to prevent D from doing that or any similar act. (3) Subsection (2) overrides subsection (1)(a). (4) This section is subject to sections 119 and 120 . Compare: 1993 No 28 s 126