Privacy Act 2020
Sections and provisions with full text and the judgments that cite each one.
Section 62 — Transfer of correction request
62 Transfer of correction request (1) This section applies if an agency that receives a correction request— (a) does not hold the information to which the request relates, but believes that the…
Section 63 — Decision on request to correct personal information
63 Decision on request to correct personal information (1) As soon as is reasonably practicable after receiving a request under IPP 7(1), and in any case not later than 20 working days after…
Section 64 — Decision on request to attach statement of correction
64 Decision on request to attach statement of correction (1) As soon as is reasonably practicable after receiving a request under IPP 7(3) (b), an agency must— (a) decide whether to grant the…
Section 65 — Extension of time limits
65 Extension of time limits (1) On receiving a correction request, an agency may extend the time limit set out in section 62 or 63 in respect of the request if— (a) the request necessitates a search…
Section 66 — Charges
66 Charges (1) In relation to an IPP 6 request,— (a) a public sector agency may, if authorised under section 67 , impose a charge for making information available in compliance, in whole or in part,…
Section 67 — Commissioner may authorise public sector agency to impose charge
67 Commissioner may authorise public sector agency to impose charge (1) The Commissioner may authorise a public sector agency to impose a charge under section 66(1) (a) or (2) (a) if the Commissioner…
Section 68 — Interpretation
68 Interpretation In this Part, unless the context otherwise requires,— access direction means an access direction made by the Commissioner under section 92 action has the meaning given to it in…
Section 69 — 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).…
Section 70 — Complaints
70 Complaints (1) A complaint may be made under this Part alleging that an action of an agency is, or appears to be, an interference with the privacy of an individual. (2) A complaint may be made…
Section 71 — Who may make complaint
71 Who may make complaint (1) Any person may make a complaint. (2) A complaint may be made on behalf of 1 or more aggrieved individuals. Compare: 1993 No 28 s 67(1)
Section 72 — Form of complaint
72 Form of complaint (1) A complaint must be made to the Commissioner and may be made orally or in writing. (2) A complaint made orally must be put in writing as soon as practicable. (3) If a person…
Section 73 — Procedure on receipt of complaint
73 Procedure on receipt of complaint (1) As soon as practicable after receiving a complaint, the Commissioner must consider the complaint and— (a) decide, in accordance with section 74 , not to…
Section 74 — Commissioner may decide not to investigate complaint
74 Commissioner may decide not to investigate complaint (1) The Commissioner may decide not to investigate a complaint if, in the Commissioner’s opinion,— (a) the complainant has not made reasonable…
Section 75 — Referral of complaint to another person
75 Referral of complaint to another person (1) This section applies if, after receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is…
Section 76 — Referral of complaint to overseas privacy enforcement authority
76 Referral of complaint to overseas privacy enforcement authority (1) This section applies if, on receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part,…
Section 77 — Exploring possibility of settlement and assurance without investigating complaint
77 Exploring possibility of settlement and assurance without investigating complaint (1) At any time after receiving a complaint and without commencing an investigation, the Commissioner may decide…
Section 78 — Referral of complaint to Director without conducting investigation
78 Referral of complaint to Director without conducting investigation The Commissioner may refer a complaint to the Director without conducting an investigation if— (a) the Commissioner is unable to…
Section 79 — Application of this subpart
79 Application of this subpart This subpart applies to investigations conducted by the Commissioner— (a) into complaints received under section 72(1) ; or (b) on the Commissioner’s own initiative,…
Section 80 — Commencing investigation
80 Commencing investigation (1) As the first step of an investigation, the Commissioner must notify the respondent that the Commissioner is commencing an investigation. (2) A notice given under…
Section 81 — Conducting investigation
81 Conducting investigation (1) The Commissioner must conduct an investigation in a timely manner. (2) During an investigation, the Commissioner may— (a) hear and obtain information from any person;…
Section 82 — Commissioner may regulate own procedure
82 Commissioner may regulate own procedure When conducting an investigation, the Commissioner may adopt any procedure the Commissioner considers appropriate that is not inconsistent with this Act or…
Section 83 — Exploring possibility of settlement and assurance during investigation
83 Exploring possibility of settlement and assurance during investigation (1) At any time during an investigation of a complaint, the Commissioner may decide to use best endeavours to— (a) secure a…
Section 84 — Referral of complaint to Director without completing investigation
84 Referral of complaint to Director without completing investigation The Commissioner may refer the complaint or the matter that is the subject of the investigation to the Director without…
Section 85 — Compulsory conferences of parties to complaint
85 Compulsory conferences of parties to complaint (1) At any time during an investigation of a complaint, the Commissioner may call a conference of the parties— (a) by sending each of them a notice…
Section 86 — Power to summon persons
86 Power to summon persons (1) The Commissioner may summon and examine on oath any person who the Commissioner considers is able to give information relevant to an investigation, and may for that…
Section 87 — Power to require information and documents
87 Power to require information and documents (1) At any time during an investigation, the Commissioner may, by notice, require any person to provide— (a) any information in the person’s possession,…
Section 88 — Disclosure of information may be required despite obligation of secrecy
88 Disclosure of information may be required despite obligation of secrecy (1) A person who is bound by the provisions of an enactment to maintain secrecy in relation to, or not to disclose, any…
Section 89 — Protection and privileges of persons required to provide information, etc
89 Protection and privileges of persons required to provide information, etc (1) Every person has the same privileges as witnesses have in a court of law in relation to— (a) giving evidence to, or…
Section 90 — Disclosed information privileged
90 Disclosed information privileged (1) Any information, document, or thing provided by a person in the course of an investigation by the Commissioner, or during any hearing before the Commissioner,…
Section 91 — Procedure after completion of investigation relating to access to personal information
91 Procedure after completion of investigation relating to access to personal information (1) This section applies after the Commissioner has completed an investigation of an action of an agency…
Section 92 — Access direction
92 Access direction (1) The Commissioner may direct an agency to provide an individual access to the individual’s personal information in any manner that the Commissioner considers appropriate. (2)…
Section 93 — Procedure after completion of investigation relating to charging
93 Procedure after completion of investigation relating to charging (1) This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 3 of Part 4…
Section 94 — Procedure after completion of other investigations
94 Procedure after completion of other investigations (1) After the Commissioner has completed an investigation under this subpart, other than an investigation to which section 91 or 93 applies, the…
Section 95 — 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…
Section 96 — Commissioner to report breach of duty or misconduct
96 Commissioner to report breach of duty or misconduct If, during or after an investigation, the Commissioner is of the opinion that there is evidence of any significant breach of duty or misconduct…
Section 97 — Director may commence proceedings in Tribunal
97 Director may commence proceedings in Tribunal (1) This section applies if a complaint or matter is referred by the Commissioner to the Director under section 78 , 84 , 91(5) (b) or (6) , or 94(4)…
Section 98 — Aggrieved individuals may commence proceedings in Tribunal
98 Aggrieved individuals may commence proceedings in Tribunal (1) An aggrieved individual, a representative on behalf of an aggrieved individual, or a representative lawfully acting on behalf of a…
Section 99 — Right of Director to appear in proceedings commenced under section 98
99 Right of Director to appear in proceedings commenced under section 98 (1) The Director may appear and be heard in person or by a lawyer— (a) in any proceedings commenced in the Tribunal under…
Section 100 — Apology not admissible except for assessment of remedies
100 Apology not admissible except for assessment of remedies (1) If an apology is given by an agency in connection with an action alleged to be an interference with the privacy of an individual, it…
Section 101 — Onus of proof
101 Onus of proof If any provision of this Act, or any code of practice, excepts or exempts any action from being an interference with the privacy of an individual, the defendant has the onus of…
Section 102 — Remedies in respect of interference with privacy
102 Remedies in respect of interference with privacy (1) This section applies if proceedings are commenced in the Tribunal in respect of an action that is alleged to be an interference with the…
Section 103 — Damages
103 Damages (1) In any proceedings, the Tribunal may award damages against the defendant for an interference with the privacy of an individual in respect of 1 or more of the following: (a) pecuniary…
Section 104 — Enforcement of access direction
104 Enforcement of access direction (1) If an agency has not complied with an access direction, or lodged an appeal under section 105 , an aggrieved individual may apply to the Tribunal for an access…
Section 105 — Appeal to Tribunal against access direction
105 Appeal to Tribunal against access direction (1) An agency against which an access direction has been made may appeal to the Tribunal against the direction. (2) The parties to the appeal are the…
Section 106 — Time for lodging appeal
106 Time for lodging appeal (1) An appeal under section 105 must be lodged with the Tribunal within 20 working days from the date of the notice given to the parties under section 91(7) (the appeal…
Section 107 — Interim order suspending Commissioner’s direction pending appeal
107 Interim order suspending Commissioner’s direction pending appeal (1) The Chairperson of the Tribunal may make an interim order suspending an access direction until an appeal is determined if the…
Section 108 — Determination of appeal
108 Determination of appeal (1) The Tribunal may require the Commissioner to provide either or both of the following: (a) a written report setting out the considerations to which the Commissioner had…
Section 109 — Proceedings involving access to personal information
109 Proceedings involving access to personal information (1) This section applies if— (a) proceedings are commenced in the Tribunal under section 97 or 98 in respect of a complaint about a decision…
Section 110 — Costs
110 Costs (1) In any proceedings under section 97 , 98 , 104 , or 105 , the Tribunal may award costs against either party whether or not it makes any other order. (2) If, in any proceedings before…
Section 111 — Certain provisions of Human Rights Act 1993 to apply
111 Certain provisions of Human Rights Act 1993 to apply (1) Except to the extent modified by this subpart, the provisions of the Human Rights Act 1993 specified in subsection (2) apply to…