Privacy Bill

  • enacted

Hon Andrew Little

Privacy Bill

Government Bill

34—3

Contents

Key
1Title
2Commencement
3Purpose of this Act
3AApplication of this Act
3AApplication of this Act
4Transitional, savings, and related provisions
5Act binds the Crown
6Interpretation
6AMeaning of New Zealand agency
6BMeaning of overseas agency
7Personal information held by agency if held by officer, employee, or member of agency
8Personal information treated as being held by another agency in certain circumstances
9Actions of, and disclosure of information to, staff of agency, etc
10Privacy Commissioner
11Deputy Privacy Commissioner
12Holding of other offices
13Superannuation or retiring allowances
14Functions of Commissioner
14AOther functions of Commissioner
16Responsible Minister must present copy of report on operation of Act to House of Representatives
17Duty to act independently
18Commissioner to have regard to certain matters
19Information privacy principles
20Application of IPPs subject to overseas laws in relation to information held overseas
22Relationships between IPPs and other New Zealand law
23Exemptions relating to IPPs 1 to 4 and 13
23IPPs 1 to 4 do not apply to personal information collected before 1 July 1993
23ARestricted application of IPP 13 to unique identifiers assigned before 1 July 1993
24Exemption for personal information relating to Restricted application of IPPs to personal information collected or held for personal or domestic affairs
25Exemption for IPPs 2, 3, and 4(1)(b) do not apply to personal information collected by intelligence and security agencies
26Certain personal information exempt from IPPs 6 and 7 do not apply to certain information
27Commissioner may authorise collection, use, storage, or disclosure of personal information otherwise in breach of IPP 2 or IPPs 9 to 12
28Enforceability of IPPs
35Codes of practice in relation to IPPs
38Issue of code of practice
39Urgent issue of code of practice
40Notification, availability, and commencement of codes of practice
41Application of Legislation Act 2012 to codes of practice
42Amendment and revocation of codes of practice
43Effect of codes of practice
44Interpretation
45Individuals may make IPP 6 request
46Urgency
47Assistance
48Transfer of IPP 6 request
50Responding to IPP 6 request
50ADecision to grant access to personal information
50BDecision to refuse access to personal information
50CDecision to neither confirm nor deny personal information is held
51Extension of time limits
52Protection, etc, of individual as reason for refusing access to personal information
53Evaluative material as reason for refusing access to personal information
54Security, defence, international relations as reason for refusing access to personal information
55Trade secret as reason for refusing access to personal information
57Other reasons for refusing access to personal information
58Agency may impose conditions instead of refusing access to personal information
61Withholding personal information contained in document
62Ways personal information in document may be made available
63Responsibilities of agency before giving access to personal information
64Interpretation
65Individuals may make correction requests
66Urgency
67Assistance
68Transfer of correction request
69Decision on request to correct personal information
70Decision on request to attach statement of correction
71Extension of time limits
72Charges
73Commissioner may authorise public sector agency to impose charge
74Interpretation
75Interference with privacy of individual
76Complaints
77Who may make complaint
78Form of complaint
79Procedure on receipt of complaint
80Commissioner may decide not to investigate complaint
82Referral of complaint to another person
83Referral of complaint to overseas privacy enforcement authority
84Exploring possibility of settlement and assurance before without investigating complaint
84AReferral of complaint to Director without conducting investigation
85Application of this subpart
86Commencing investigation
88Conducting investigation
89Commissioner may regulate own procedure
89AExploring possibility of settlement and assurance during investigation
89BReferral of complaint to Director without completing investigation
90Compulsory conferences of parties to complaint
91Power to summon persons
92Power to require information and documents
93Disclosure of information may be required despite obligation of secrecy
94Protection and privileges of persons required to provide information, etc
95Disclosed information privileged
96Procedure after completion of investigation relating to access to personal information
96AAccess direction
97Procedure after completion of investigation relating to charging
99Procedure after completion of other investigations
100Special procedure relating to intelligence and security agency
101Commissioner to report breach of duty or misconduct
102Director may commence proceedings in Tribunal
103Aggrieved individual may individuals may commence proceedings in Tribunal
104Right of Director to appear in proceedings commenced under section 103
105Apology not admissible except for assessment of remedies
106Onus of proof
107Remedies in respect of interference with privacy
108Damages
109Enforcement of access direction
110Appeal to Tribunal against access direction
111Time for lodging appeal
112Interim order suspending Commissioner’s direction pending appeal
114Determination of appeal
114AProceedings involving access to personal information
115Costs
116Certain provisions of Human Rights Act 1993 to apply
117Interpretation
117AAssessment of likelihood of serious harm being caused by privacy breach
118Agency to notify Commissioner of notifiable privacy breach
119Agency to notify affected individual or give public notice of notifiable privacy breach
120Exceptions to or delay in complying with requirement to notify affected individuals or give public notice of notifiable privacy breach
121Requirements for notification
122Offence to fail to notify Commissioner
122AASection 211 does not apply to processes and proceedings relating to failure to notify notifiable privacy breach
122ABLiability for actions of employees, agents, and members of agencies
122ALiability of principals
122AKnowledge of employees, agents, and members of agencies to be treated as knowledge of employers, principal agencies, and agencies
123Publication of identity of agencies in certain circumstances
124Compliance notices
125Issuing compliance notice
126Form of compliance notice
127Agency response to compliance notice
128Commissioner may vary or cancel compliance notice
129Commissioner’s power to obtain information
129APublication of details of compliance notice
130Enforcement of compliance notice
131Appeal against compliance notice or Commissioner’s decision to vary or cancel notice
132Interim order suspending compliance notice pending appeal
133Remedies, costs, and enforcement
134Application of Human Rights Act 1993
135Commissioner may be represented in proceedings
136Purpose of this subpart
137Relationship between subpart 1 and other law relating to information disclosure
138Interpretation
139Information sharing between agencies
140Information sharing within agencies
141Parties to information sharing agreement
142Agreement may apply to classes of agencies
143Lead agency
144Form and content of information sharing agreement
145Governor-General may approve information sharing agreement by Order in Council
146Requirements for Order in Council
147Further provisions about Order in Council
148Status of Order in Council
149Matters to which relevant Minister must have regard before recommending Order in Council
150Consultation on proposed information sharing agreement
151Commissioner may prepare and publish report on approved information sharing agreement
152Requirement to give notice of adverse action
153When requirement to give notice of adverse action applies
154Responsibilities of lead agency
155Report of lead agency
156Commissioner may specify frequency of reporting by lead agency
157Amendment of approved information sharing agreement
158Review of operation of approved information sharing agreement
159Report on findings of review
160Relevant Minister must present copy of report under section 159(1) and report setting out Government’s response to House of Representatives
161Power to amend Schedule 3 by Order in Council
162Purpose of this subpart
163Relationship between this subpart and other law relating to information disclosure
164Interpretation
165Access by agencies to identity information
166Manner and form of access
167Annual reporting requirement
168Power to amend Schedule 4 by Order in Council
169Purpose of this subpart
170Relationship between this subpart and other law relating to information disclosure
171Interpretation
172Access by accessing agencies to law enforcement information
173Power to amend Schedule 5 by Order in Council
174Purpose of this subpart
175Application of this subpart
176Relationship between this subpart and other law relating to information disclosure
177Interpretation
178Information matching agreements
179Use of results of authorised information matching programme
180Extension of time limit
181Notice of adverse action proposed
182Reporting requirements
183Reports on authorised information matching programmes
184Reports on information matching provisions
185Responsible Minister must present copy of report under section 184 and report setting out Government’s response to House of Representatives
186Avoidance of controls on information matching through use of exceptions to information privacy principles
187Avoidance of controls on information matching through use of official information statutes
188Power to amend Schedule 6 by Order in Council
189Power to amend Schedule 7 by Order in Council
190Amendments to other enactments related to this subpart
191Expiry Repeal of section 190 and Schedule 8
192Interpretation
193Prohibition on transfer of personal information outside New Zealand
194Commissioner’s power to obtain information
195Transfer prohibition notice
196Commissioner may vary or cancel transfer prohibition notice
197Offence in relation to transfer prohibition notice
198Appeals against transfer prohibition notice
199Application of Human Rights Act 1993
200Power to amend Schedule 9 by Order in Council
201Privacy officers
202Commissioner may require agency to supply information
203Inquiries
204Powers relating to declaratory judgments
205Protection against certain actions
206Commissioner and staff to maintain secrecy
207Commissioner may share information with overseas privacy enforcement authority
208Consultation
209Exclusion of public interest immunity
210Adverse comment
211Liability of employers and principals employers, principals, and agencies
212Offences
212ARegulations: prescribed binding schemes
212BRegulations: prescribed countries
213Other regulations
214Repeal and revocation
215Consequential amendments
216Expiry Repeal of section 215 and Schedule 10
Legislative history

The Parliament of New Zealand enacts as follows: