Privacy Act 2020
Sections and provisions with full text and the judgments that cite each one.
Section 112 — Interpretation
112 Interpretation (1) In this subpart,— affected individual , in relation to personal information that is the subject of a privacy breach,— (a) means the individual to whom the information relates;…
Section 113 — Assessment of likelihood of serious harm being caused by privacy breach
113 Assessment of likelihood of serious harm being caused by privacy breach When an agency is assessing whether a privacy breach is likely to cause serious harm in order to decide whether the breach…
Section 114 — Agency to notify Commissioner of notifiable privacy breach
114 Agency to notify Commissioner of notifiable privacy breach An agency must notify the Commissioner as soon as practicable after becoming aware that a notifiable privacy breach has occurred.
Section 115 — Agency to notify affected individual or give public notice of notifiable privacy breach
115 Agency to notify affected individual or give public notice of notifiable privacy breach (1) An agency must notify an affected individual as soon as practicable after becoming aware that a…
Section 116 — Exceptions to or delay in complying with requirement to notify affected individuals or give public notice of notifiable privacy breach
116 Exceptions to or delay in complying with requirement to notify affected individuals or give public notice of notifiable privacy breach (1) An agency is not required to notify an affected…
Section 117 — Requirements for notification
117 Requirements for notification (1) A notification to the Commissioner under section 114 must— (a) describe the notifiable privacy breach, including— (i) the number of affected individuals (if…
Section 118 — Offence to fail to notify Commissioner
118 Offence to fail to notify Commissioner (1) An agency that, without reasonable excuse, fails to notify the Commissioner of a notifiable privacy breach under section 114 commits an offence and is…
Section 119 — Section 211 does not apply to processes and proceedings relating to failure to notify notifiable privacy breach
119 Section 211 does not apply to processes and proceedings relating to failure to notify notifiable privacy breach Section 211 (which refers to the liability of employers, principals, and agencies)…
Section 120 — Liability for actions of employees, agents, and members of agencies
120 Liability for actions of employees, agents, and members of agencies (1) This section applies to processes and proceedings under this Act relating to the obligations under section 114 or 115 . (2)…
Section 121 — Knowledge of employees, agents, and members of agencies to be treated as knowledge of employers, principal agencies, and agencies
121 Knowledge of employees, agents, and members of agencies to be treated as knowledge of employers, principal agencies, and agencies (1) Subsection (2) applies to processes and proceedings under…
Section 122 — Publication of identity of agencies in certain circumstances
122 Publication of identity of agencies in certain circumstances (1) The Commissioner may publish the identity of an agency that has notified the Commissioner of a notifiable privacy breach if— (a)…
Section 123 — Compliance notices
123 Compliance notices (1) The Commissioner may issue a compliance notice to an agency if the Commissioner considers that 1 or more of the following may have occurred: (a) a breach of this Act,…
Section 124 — Issuing compliance notice
124 Issuing compliance notice (1) The Commissioner must consider the following factors before issuing a compliance notice: (a) whether there is another means under this Act or another Act for dealing…
Section 125 — Form of compliance notice
125 Form of compliance notice (1) A compliance notice issued to an agency must— (a) state the name of the agency; and (b) describe the breach, citing the relevant statutory provision or provisions;…
Section 126 — Agency response to compliance notice
126 Agency response to compliance notice (1) An agency that is issued with a compliance notice must take steps to comply with the notice, including taking any particular steps specified in the…
Section 127 — Commissioner may vary or cancel compliance notice
127 Commissioner may vary or cancel compliance notice (1) The Commissioner may vary or cancel a compliance notice at any time if the Commissioner considers that— (a) any of the information listed in…
Section 128 — Commissioner’s power to obtain information
128 Commissioner’s power to obtain information (1) Before deciding whether to issue a compliance notice or to vary or cancel a compliance notice, the Commissioner may hear or obtain information from…
Section 129 — Publication of details of compliance notice
129 Publication of details of compliance notice The Commissioner may publish or delay publication of any of the following information if the Commissioner believes it is desirable to do so in the…
Section 130 — Enforcement of compliance notice
130 Enforcement of compliance notice (1) The Commissioner may take enforcement proceedings in the Tribunal— (a) if the time for an appeal under section 131 has passed and no appeal has been lodged…
Section 131 — Appeal against compliance notice or Commissioner’s decision to vary or cancel notice
131 Appeal against compliance notice or Commissioner’s decision to vary or cancel notice (1) An agency that has been issued with a compliance notice may appeal to the Tribunal— (a) against all or…
Section 132 — Interim order suspending compliance notice pending appeal
132 Interim order suspending compliance notice pending appeal (1) The Chairperson may make an interim order suspending all or part of a compliance notice until an appeal is determined if satisfied…
Section 133 — Remedies, costs, and enforcement
133 Remedies, costs, and enforcement (1) The Tribunal may,— (a) in enforcement proceedings under section 130 , grant 1 or both of the following remedies: (i) an order that the agency comply with a…
Section 134 — Application of Human Rights Act 1993
134 Application of Human Rights Act 1993 Except to the extent modified by this subpart, Part 4 of the Human Rights Act 1993 (except sections 95 , 96 , 97 , 108A , and 108B ) applies to proceedings…
Section 135 — Commissioner may be represented in proceedings
135 Commissioner may be represented in proceedings In proceedings under this subpart, the Commissioner is entitled to appear in person or to be represented by a lawyer or an agent.
Section 136 — Purpose of this subpart
136 Purpose of this subpart The purpose of this subpart is to authorise agencies to share personal information in accordance with an approved information sharing agreement to facilitate the provision…
Section 137 — Relationship between subpart 1 and other law relating to information disclosure
137 Relationship between subpart 1 and other law relating to information disclosure (1) To avoid doubt, nothing in this subpart— (a) limits the collection, use, or disclosure of personal information…
Section 138 — Interpretation
138 Interpretation In this subpart, unless the context otherwise requires,— adverse action has the meaning given to it in section 177 agency means a New Zealand agency that is— (a) a public sector…
Section 139 — Information sharing between agencies
139 Information sharing between agencies An approved information sharing agreement may authorise an agency to share any personal information with 1 or more other agencies in accordance with the terms…
Section 140 — Information sharing within agencies
140 Information sharing within agencies An approved information sharing agreement may authorise a part of an agency to share any personal information with 1 or more parts of the same agency in…
Section 141 — Parties to information sharing agreement
141 Parties to information sharing agreement (1) Two or more of the following agencies may enter into an information sharing agreement: (a) a public sector agency: (b) a New Zealand private sector…
Section 142 — Agreement may apply to classes of agencies
142 Agreement may apply to classes of agencies (1) For the purposes of this section,— class of agencies excludes— (a) a class of departments: (b) a class of specified organisations member of a class…
Section 143 — Lead agency
143 Lead agency (1) In this section, specified agency means— (a) a public sector agency that is a department; or (b) part of a public sector agency that is a department; or (c) a specified…
Section 144 — Form and content of information sharing agreement
144 Form and content of information sharing agreement (1) An information sharing agreement must be in writing. (2) An information sharing agreement must— (a) specify with due particularity the…
Section 145 — Governor-General may approve information sharing agreement by Order in Council
145 Governor-General may approve information sharing agreement by Order in Council (1) The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, approve an…
Section 146 — Requirements for Order in Council
146 Requirements for Order in Council An Order in Council made under section 145(1) must— (a) state, if applicable,— (i) the nature of the exemption granted under section 145(2) and the conditions of…
Section 147 — Further provisions about Order in Council
147 Further provisions about Order in Council (1) An Order in Council made under section 145(1) must provide that it comes into force on a date specified in the Order in Council (which must not be…
Section 148 — Status of Order in Council
148 Status of Order in Council For the purposes of the Legislation Act 2012 , an Order in Council made under section 145(1) is a legislative instrument and a disallowable instrument and must be…
Section 149 — Matters to which relevant Minister must have regard before recommending Order in Council
149 Matters to which relevant Minister must have regard before recommending Order in Council (1) Before recommending the making of an Order in Council under section 145(1) , the relevant Minister…
Section 150 — Consultation on proposed information sharing agreement
150 Consultation on proposed information sharing agreement (1) The parties proposing to enter into an information sharing agreement must, before the proposed agreement is concluded,— (a) consult and…
Section 151 — Commissioner may prepare and publish report on approved information sharing agreement
151 Commissioner may prepare and publish report on approved information sharing agreement (1) If an information sharing agreement is approved by Order in Council, the Commissioner may prepare a…
Section 152 — Requirement to give notice of adverse action
152 Requirement to give notice of adverse action (1) A party to an approved information sharing agreement must give written notice to an individual before it takes any adverse action against the…
Section 153 — When requirement to give notice of adverse action applies
153 When requirement to give notice of adverse action applies The requirement to give notice under section 152 applies unless— (a) an approved information sharing agreement provides that a party to…
Section 154 — Responsibilities of lead agency
154 Responsibilities of lead agency (1) A lead agency for an information sharing agreement must, if the agreement is approved by Order in Council under section 145(1) ,— (a) make a copy of the…
Section 155 — Report of lead agency
155 Report of lead agency (1) A report prepared by a lead agency under section 154(1) (b) must include the matters prescribed in regulations made under section 215(1) (d) that the Commissioner…
Section 156 — Commissioner may specify frequency of reporting by lead agency
156 Commissioner may specify frequency of reporting by lead agency (1) The Commissioner may require a lead agency to prepare a report under section 154(1) (b) — (a) annually; or (b) at less frequent…
Section 157 — Amendment of approved information sharing agreement
157 Amendment of approved information sharing agreement (1) This section applies if an approved information sharing agreement is amended (whether in accordance with the Commissioner’s recommendation…
Section 158 — Review of operation of approved information sharing agreement
158 Review of operation of approved information sharing agreement (1) The Commissioner may at any time, on the Commissioner’s own initiative, conduct a review of the operation of an approved…
Section 159 — Report on findings of review
159 Report on findings of review (1) After completing a review under section 158 , the Commissioner may provide a report to the relevant Minister if the Commissioner has reasonable grounds to suspect…
Section 160 — Relevant Minister must present copy of report under section 159(1) and report setting out Government’s response to House of Representatives
160 Relevant Minister must present copy of report under section 159(1) and report setting out Government’s response to House of Representatives The relevant Minister must— (a) present a copy of a…
Section 161 — Power to amend Schedule 2 by Order in Council
161 Power to amend Schedule 2 by Order in Council (1) Without limiting the matters that an Order in Council made under section 145 must insert into Schedule 2 in accordance with section 147(2) , the…