Privacy Act 2020
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Title
1 Title This Act is the Privacy Act 2020.
Section Sch1-1 — Interpretation
1 Interpretation In this schedule,— commencement day means 1 December 2020 this Act means the Privacy Act 2020.
Section Sch1-10 — Notifiable privacy breaches
10 Notifiable privacy breaches (1) In this clause, notifiable privacy breach has the meaning given to it in section 112 of this Act. (2) The provisions of subpart 1 of Part 6 do not apply to a…
Section Sch1-11 — Information matching agreements
11 Information matching agreements (1) An information matching agreement that was made under Part 10 of the Privacy Act 1993 and that is in force immediately before the commencement day continues in…
Section Sch1-12 — Information sharing agreements
12 Information sharing agreements (1) An information sharing agreement that was made under Part 9A of the Privacy Act 1993 and that is in force immediately before the commencement day continues in…
Section Sch1-13 — Orders in Council approving information sharing agreements
13 Orders in Council approving information sharing agreements (1) An Order in Council that was made under sections 96J to 96L of the Privacy Act 1993 and that is in force immediately before the…
Section Sch1-14 — Transfer prohibition notices
14 Transfer prohibition notices A transfer prohibition notice that was given by the Commissioner under section 114B of the Privacy Act 1993 and that is in force immediately before the commencement…
Section Sch1-15 — Police may continue to access law enforcement information in relation to persons aged 17 years
15 Police may continue to access law enforcement information in relation to persons aged 17 years (1) Subclause (2) applies if, immediately before the commencement day,— (a) the Police have commenced…
Section Sch1-2 — Appointment of Privacy Commissioner
2 Appointment of Privacy Commissioner The person who immediately before the commencement day held office as the Privacy Commissioner under the Privacy Act 1993 continues in office on and after that…
Section Sch1-3 — Appointment of privacy officers
3 Appointment of privacy officers Any person who immediately before the commencement day was a privacy officer under section 23 of the Privacy Act 1993 continues on and after that day as a privacy…
Section Sch1-4 — Application of IPP 6 and IPP 7
4 Application of IPP 6 and IPP 7 (1) A request made to an agency under information privacy principle 6 of the Privacy Act 1993 before the commencement day, but not dealt with by that day, must be…
Section Sch1-5 — Authorisations
5 Authorisations An authorisation given by the Commissioner under section 54 of the Privacy Act 1993 that is in force immediately before the commencement day continues in force on and after that day…
Section Sch1-6 — Codes of practice
6 Codes of practice A code of practice that was issued by the Commissioner under section 46 of the Privacy Act 1993 and that is in force immediately before the day on which subpart 2 of Part 3 of…
Section Sch1-7 — Complaints
7 Complaints (1) A complaint made before the commencement day under the Privacy Act 1993 that has not been resolved or otherwise dealt with by the Commissioner must be resolved or otherwise dealt…
Section Sch1-8 — Investigations and inquiries
8 Investigations and inquiries (1) This clause applies to— (a) an investigation that was commenced by the Commissioner under Part 8 of the Privacy Act 1993 before the commencement day, but not…
Section Sch1-9 — Proceedings
9 Proceedings (1) Any proceedings commenced before the Human Rights Review Tribunal under Part 8 of the Privacy Act 1993 before the commencement day, but not completed by that day, must be continued…
Section 2 — Commencement
2 Commencement (1) The following provisions come into force on the day after the date on which this Act receives the Royal assent: (a) subpart 2 of Part 3; and (b) sections 213 to 215 . (2) The rest…
Section Sch2 — Approved information sharing agreements
Schedule 2 Approved information sharing agreements ss 147(2) , 161 Name of agreement Public service(s) to be facilitated by agreement Internet address where copy of agreement can be accessed Lead…
Section 3 — Purpose of this Act
3 Purpose of this Act The purpose of this Act is to promote and protect individual privacy by— (a) providing a framework for protecting an individual’s right to privacy of personal information,…
Section Sch3 — Identity information
Schedule 3 Identity information ss 165 , 168 Accessing agency Purpose of access Holder agency Department of Corrections To verify the identity of— (a) a person under control or supervision (as…
Section 4 — Application of this Act
4 Application of this Act (1) This Act (except section 212 ) applies to— (a) a New Zealand agency ( A ), in relation to any action taken by A (whether or not while A is, or was, present in New…
Section Sch4 — Law enforcement information
Schedule 4 Law enforcement information ss 172 , 173 Court records Subject Description Access available to Court document processing Particulars of proceedings in respect of which informations are to…
Section 5 — Transitional, savings, and related provisions
5 Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
Section Sch5 — Information matching provisions
Schedule 5 Information matching provisions ss 177 , 188 Enactment Information matching provision Accident Compensation Act 2001 Sections 246 , 280 , and 281 Births, Deaths, Marriages, and…
Section 6 — Act binds the Crown
6 Act binds the Crown This Act binds the Crown. Compare: 1993 No 28 s 5
Section Sch6-1 — Notice to individuals affected
1 Notice to individuals affected (1) Agencies involved in an authorised information matching programme must take all reasonable steps (which may consist of or include public notification) to ensure…
Section Sch6-2 — Use of unique identifiers
2 Use of unique identifiers Except as provided in any other enactment, unique identifiers may not be used as part of any authorised information matching programme unless their use is essential to the…
Section Sch6-3 — Technical standards
3 Technical standards (1) The agency primarily responsible for the operation of an authorised information matching programme must establish and maintain detailed technical standards to govern the…
Section Sch6-4 — Safeguards for individuals affected by results of programmes
4 Safeguards for individuals affected by results of programmes (1) The agencies involved in an authorised information matching programme must establish reasonable procedures for confirming the…
Section Sch6-5 — Destruction of information
5 Destruction of information (1) In this clause, information matching information means— (a) information that is disclosed to an agency under an information matching provision for use in an…
Section Sch6-6 — No new databank
6 No new databank (1) Subject to subclauses (2) and (3), the agencies involved in an authorised information matching programme must not permit the information used in the programme to be linked or…
Section 7 — Interpretation
7 Interpretation (1) In this Act, unless the context otherwise requires,— action includes failure to act, and also includes any policy or practice agency means a person described in section 4 to whom…
Section Sch7-62 — Information disclosure arrangements and determinations
62 Information disclosure arrangements and determinations Arrangements or determinations made under section 126A or 126AC of the Social Security Act 1964 are saved as if they were arrangements or…
Section 8 — Meaning of New Zealand agency
8 Meaning of New Zealand agency In this Act, New Zealand agency — (a) means— (i) an individual who is ordinarily resident in New Zealand; or (ii) a public sector agency; or (iii) a New Zealand…
Section Sch8 — Basic principles of national application set out in Part Two of OECD Guidelines
Schedule 8 Basic principles of national application set out in Part Two of OECD Guidelines ss 193 , 200 Collection limitation principle There should be limits to the collection of personal data and…
Section 9 — Meaning of overseas agency
9 Meaning of overseas agency In this Act, overseas agency means an overseas person, body corporate, or unincorporated body that is not— (a) a New Zealand agency; or (b) the Government of an overseas…
Section Sch9-174 — When search constitutes interference with privacy of individual
174 When search constitutes interference with privacy of individual A search of the register for personal information that has not been carried out in accordance with sections 171 to 173 constitutes…
Section Sch9-23 — Disclosure required to comply with standards does not breach information privacy principles
23 Disclosure required to comply with standards does not breach information privacy principles (1) The disclosure of personal information is not a breach of information privacy principle 10, 11, or…
Section Sch9-33 — When search breaches information privacy principle
33 When search breaches information privacy principle A person who searches a public register for personal information for a purpose that is not a purpose set out in section 32 must be treated, for…
Section Sch9-456 — When search breaches information privacy principle
456 When search breaches information privacy principle A person who searches a public register for a purpose that is not a purpose set out in section 454 must be treated, for the purposes of Parts 5…
Section Sch9-58 — Application of Privacy Act 2020
58 Application of Privacy Act 2020 The Privacy Act 2020 applies to the monitoring of resident calls under sections 51 to 61.
Section Sch9-59 — When search constitutes interference with privacy of individual
59 When search constitutes interference with privacy of individual A search of the register for personal information that has not been carried out in accordance with sections 56 to 58 constitutes an…
Section Sch9-66 — Part does not limit Privacy Act 2020
66 Part does not limit Privacy Act 2020 Nothing in this Part limits the Privacy Act 2020.
Section Sch9-66-dup2 — When search breaches information privacy principle
66 When search breaches information privacy principle A person who searches a register for a purpose that is not a purpose set out in section 65 must be treated, for the purposes of Parts 5 and 6 of…
Section Sch9-70 — When search constitutes interference with privacy of individual
70 When search constitutes interference with privacy of individual A person who searches the register for a purpose that is not a purpose set out in section 64 must be treated, for the purposes of…
Section Sch9-81 — When search constitutes interference with privacy of individual
81 When search constitutes interference with privacy of individual A search of the list for personal information that has not been carried out in accordance with sections 78 to 80 constitutes an…
Section Sch9-87 — When search constitutes interference with privacy of individual
87 When search constitutes interference with privacy of individual A search of the register for personal information that has not been carried out in accordance with sections 84 to 86 constitutes an…
Section Sch9-204X — When search constitutes interference with privacy of individual
204X When search constitutes interference with privacy of individual A search of the register for personal information that has not been carried out for a purpose specified in section 204S…
Section 10 — Personal information held by agency if held by officer, employee, or member of agency
10 Personal information held by agency if held by officer, employee, or member of agency (1) For the purposes of this Act, personal information held by a person in the person’s capacity as an…
Section 11 — Personal information treated as being held by another agency in certain circumstances
11 Personal information treated as being held by another agency in certain circumstances (1) This section applies if an agency ( A ) holds information as an agent for another agency ( B ) (for…