Section 69 — Privacy Act 2020: Interference with privacy of individual

69 Interference with privacy of individual (1) In this Act, an action of an agency is an interference with the privacy of an individual in any of the circumstances set out in subsection (2) or (3). (2) An action of an agency is an interference with the privacy of an individual if the action breaches,— (a) in relation to the individual,— (i) 1 or more of the IPPs; or (ii) the provisions of an approved information sharing agreement; or (iii) the provisions of an information matching agreement or section 179 or 181 ; or (iv) section 115 (which requires an agency to give notice to affected individuals or the public of a notifiable privacy breach); and (b) the action— (i) has caused, or may cause, loss, detriment, damage, or injury to the individual; or (ii) has adversely affected, or may adversely affect, the rights, benefits, privileges, obligations, or interests of the individual; or (iii) has resulted in, or may result in, significant humiliation, significant loss of dignity, or significant injury to the feelings of the individual. (3) An action of an agency is an interference with the privacy of an individual if, in relation to a request made by a person under IPP 6 or 7, the agency has, without proper basis, made— (a) a decision to refuse a request under IPP 6; or (b) a decision to refuse a request under IPP 7; or (c) any other decision under Part 4 in relation to the request. (4) For the purpose of subsection (3)(a), the following must be treated as a decision by an agency to refuse a request under IPP 6: (a) a failure to comply with the time limits in Part 4 for responding to the request: (b) undue delay in making information available after granting the request. (5) For the purpose of subsection (3)(b), the following must be treated as a decision by an agency to refuse a request under IPP 7: (a) a failure to comply with the time limits in Part 4 for responding to the request: (b) undue delay in correcting information after granting the request: (c) undue delay in attaching a statement of correction after granting the request. Compare: 1993 No 28 s 66