Section 95 — Privacy Act 2020: Special procedure relating to intelligence and security agency

95 Special procedure relating to intelligence and security agency (1) Nothing in section 85 , 91 , 93 , 94 , or subpart 3 applies to— (a) any complaint made under this Part in relation to an action of an intelligence and security agency; or (b) any investigation conducted under this Part in relation to an action of an intelligence and security agency. (2) If, after completing an investigation, the Commissioner is of the opinion that an action of an intelligence and security agency is an interference with the privacy of an individual, the Commissioner must provide to the intelligence and security agency a report setting out— (a) that opinion; and (b) the reasons for that opinion. (3) A report provided under subsection (2) may include any recommendations that the Commissioner considers appropriate. (4) When making a report under subsection (2), the Commissioner may request the intelligence and security agency to notify the Commissioner within a specified time of any steps the agency proposes to take in response to the report and to any recommendations included in the report. (5) If, within a reasonable time after any report is made, the intelligence and security agency has taken no steps in response to the report that the Commissioner considers to be adequate and appropriate, the Commissioner may send a copy of the report to the Prime Minister. (6) As soon as practicable after receiving a report under subsection (5), the Prime Minister may present the report, or any part of the report, to the House of Representatives. Compare: 1993 No 28 s 81