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Hon Andrew Little
Privacy Bill
Government Bill
34—2
Contents
Commentary
Key
1
Title
2
Commencement
Part 1
Preliminary provisions
Subpart 1—Preliminary matters
3
Purpose of this Act
3A
Application of this Act
4
Transitional, savings, and related provisions
5
Act binds the Crown
Subpart 2—Interpretation and related matters
6
Interpretation
7
Personal information held by agency if held by officer, employee, or member of agency
8
Personal information treated as being held by
another
agency in certain circumstances
9
Actions of, and disclosure of information to, staff of agency, etc
Part 2
Privacy Commissioner
Subpart 1—Appointment of Privacy Commissioner
10
Privacy Commissioner
11
Deputy Privacy Commissioner
12
Holding of other offices
13
Superannuation or retiring allowances
Subpart 2—Functions of Privacy Commissioner
14
Functions of Commissioner
15
Commissioner to monitor operation of Act
16
Responsible Minister must present
to House of Representatives
copy of report
under section 15
on operation of Act to House of Representatives
17
Duty to act independently
18
Commissioner to have regard to certain matters
Part 3
Information privacy principles
, public register privacy principles
and codes of practice
Subpart 1—Information privacy principles
19
Information privacy principles
20
Application of IPPs to personal information held overseas
20
Application of IPPs subject to overseas laws
21
Application of IPPs to public registers
22
Relationships between IPPs and other law
23
Exemptions relating to IPPs 1 to 4 and
12
13
24
Exemption for personal information relating to personal or domestic affairs
25
Exemption for intelligence and security agencies
26
Certain personal information exempt from IPPs 6 and 7
27
Commissioner may authorise collection, use, storage, or disclosure of personal information otherwise in breach of IPP
2, 9, 10, or 11
2 or IPPs 9 to 12
28
Enforceability of IPPs
Subpart 2
—
Public register privacy principles
29
Interpretation
30
Public register privacy principles
31
Compliance with PRPPs
32
Relationship between PRPPs and other laws
33
Enforceability of PRPPs
34
Power to amend Schedule 2 by Order in Council
Subpart 3—Codes of practice
35
Codes of practice in relation to IPPs
36
Codes of practice in relation to public registers
37
Relationship between codes and other law
38
Issue of code of practice
39
Urgent issue of code of practice
40
Notification, availability, and commencement of code
s of practice
41
Application of Legislation Act 2012 to codes
of practice
42
Amendment and revocation of codes
of practice
43
Effect of code
s of practice
Part 4
Access to and correction of personal information
Subpart 1—Access to personal information
44
Interpretation
45
Individuals may make
access
IPP 6
request
46
Urgency
47
Assistance
48
Transfer of
access
IPP 6
request
49
Decision on access request under IPP 6(1)(a)
50
Decision on access request under IPP 6(1)(b)
50
Responding to IPP 6 request
50A
Decision to grant access to personal information
50B
Decision to refuse access to personal information
50C
Decision to neither confirm nor deny personal information is held
51
Extension of time limits
52
Protection, etc, of individual as reason for refusing
request under IPP 6(1)(b)
access to personal information
53
Evaluative material as reason for refusing
request under IPP 6(1)(b)
access to personal information
54
Security, defence, international relations as reason for refusing
request under IPP 6(1)(b)
access to personal information
55
Trade secret as reason for refusing
request under IPP 6(1)(b)
access to personal information
56
Administrative reasons for refusing request under IPP 6(1)(b)
57
Other reasons for refusing
request under IPP 6(1)(b)
access to personal information
58
Agency may impose conditions instead of refusing access
to information under section 57
to personal information
59
Requestor to be informed of certain matters if response given under section 49(2)(c) or 50(2)(c)
60
Requestor to be informed of certain matters if request under IPP 6(1)(b) refused
61
Withholding
personal
information
requested under IPP 6(1)(b)
contained in document
62
Ways
personal
information
in document
may be made available
63
Responsibilities of agency before giving access to
personal
information
Subpart 2—Correction of personal information
64
Interpretation
65
Individuals may make correction requests
66
Urgency
67
Assistance
68
Transfer of correction request
69
Decision on request under IPP 7(1)(a)
69
Decision on request to correct personal information
70
Decision on request under IPP 7(2)(b)
70
Decision on request to attach statement of correction
71
Extension of time limits
Subpart 3—Charges
72
Charges
72
Charges
73
Commissioner may authorise public sector agency to impose charge
Part 5
Complaints, investigations, and proceedings
74
Interpretation
75
Interference with privacy of individual
Subpart 1—Complaints
76
Types of c
C
omplaints
77
Who may make complaint
78
Form of complaint
79
Procedure on receipt of complaint
80
Commissioner may decide not to investigate complaint
81
Commissioner may decide to defer taking action on complaint
82
Referral of complaint to another person
83
Referral of complaint to overseas privacy enforcement authority
84
Exploring possibility of settlement and assurance before investigating complaint
84A
Referral of complaint to Director without conducting investigation
Subpart 2—Investigations by Commissioner
85
Application of this subpart
86
Commencing investigation
87
Exploring possibility of settlement and assurance during investigation
88
Conducting investigation
89
Commissioner may regulate own procedure
89A
Exploring possibility of settlement and assurance during investigation
89B
Referral of complaint to Director without completing investigation
90
Compulsory conferences of parties to complaint
91
Power to summon persons
92
Power to require information and documents
93
Disclosure of information may be required despite obligation of secrecy
94
Protection and privileges of persons required to provide information, etc
95
Disclosed information privileged
96
Procedure after completion of investigation relating to
breach of IPP 6
access to personal information
96A
Access direction
97
Procedure after completion of investigation relating to charging
98
Procedure after completion of investigation relating to public register
99
Procedure after completion of other investigations
100
Special procedure relating to intelligence and security agency
101
Commissioner to report breach of duty or misconduct
Subpart 3—Proceedings before Human Rights Review Tribunal
Proceedings in relation to complaints or investigations
102
Director may commence proceedings in Tribunal
103
Aggrieved individual may commence proceedings in Tribunal
104
Right of Director to appear in proceedings commenced under section 103
105
Apology not admissible except for assessment of remedies
106
Onus of proof
107
Remedies in respect of interference with privacy
108
Damages
Access order
s
109
Enforcement of
access
direction
made by Commissioner under section 96(5)(a) after investigation of IPP 6 breach
Appeal
s
against
access
direction
made after investigation of IPP 6 breach
110
Appeal to Tribunal against
access
direction
of Commissioner under section 96(5)(a)
111
Time for lodging appeal
112
Interim order suspending Commissioner’s direction pending appeal
113
Appeal may be determined on papers
114
Determination of appeal
Miscellaneous
114A
Proceedings involving access to personal information
115
Costs
116
Certain provisions of Human Rights Act 1993 to apply
Part 6
Notifiable privacy breaches and compliance notices
Subpart 1—Notifiable privacy breaches
117
Interpretation
117A
Assessment of likelihood of serious harm being caused by privacy breach
118
Agency to notify Commissioner of notifiable privacy breach
119
Agency to notify affected individual or give public notice of notifiable privacy breach
120
Exceptions to obligations to notify affected individual or give public notice of notifiable privacy breach
Exceptions to or delay in complying with requirement to notify affected individuals or give public notice of notifiable privacy breach
121
Requirements for notification
122
Offence to fail to notify Commissioner
122A
Liability of principals
123
Publication of identity of agencies in certain circumstances
Subpart 2—Compliance notices
124
Compliance notices
125
Issuing compliance notice
126
Form
and service
of compliance notice
127
Agency response to compliance notice
128
Commissioner may vary or cancel compliance notice
129
Commissioner’s power to obtain information
129A
Publication of details of compliance notice
Proceedings
130
Enforcement of compliance notice
131
Appeal against compliance notice or Commissioner’s decision
under section 128
to vary or cancel notice
132
Interim order suspending compliance notice pending appeal
133
Remedies, costs, and enforcement
134
Application of Human Rights Act 1993
135
Commissioner may be represented in proceedings
Part 7
Sharing, accessing, and matching personal information
Subpart 1—Information sharing
136
Purpose of this subpart
137
Relationship between subpart 1 and other law relating to information disclosure
138
Interpretation
139
Information sharing between agencies
140
Information sharing within agencies
141
Parties to information sharing agreement
142
Agreement may apply to classes of agencies
143
Lead agency
144
Form and content of information sharing agreement
145
Governor-General may approve information sharing agreement by Order in Council
146
Requirements for Order in Council
147
Further provisions about Order in Council
148
Status of Order in Council
149
Matters to which relevant Minister must have regard before recommending Order in Council
150
Consultation on proposed information sharing agreement
151
Commissioner may prepare and publish report on approved information sharing agreement
152
Requirement to give notice of adverse action
153
When requirement to give notice of adverse action applies
154
Responsibilities of lead agency
155
Report of lead agency
156
Commissioner may specify frequency of reporting by lead agency
157
Amendment of approved information sharing agreement
158
Review of operation of approved information sharing agreement
159
Report on findings of review
160
Relevant Minister must present
to House of Representatives
copy of report under section 159(1) and report setting out Government’s response
to House of Representatives
161
Power to amend Schedule 3
by Order in Council
Subpart 2—Identity information
162
Purpose of this subpart
163
Relationship between this subpart and other law relating to information disclosure
164
Interpretation
165
Access by agencies to identity information
166
Manner and form of access
167
Annual reporting requirement
168
Power to amend Schedule 4 by Order in Council
Subpart 3—Law enforcement information
169
Purpose of this subpart
170
Relationship between this subpart and other law relating to information disclosure
171
Interpretation
172
Access by accessing agencies to law enforcement information
173
Power to amend Schedule 5 by Order in Council
Subpart 4—Authorised information matching programmes
174
Purpose of this subpart
175
Application of this subpart
176
Relationship between this subpart and other law relating to information disclosure
177
Interpretation
178
Information matching agreements
179
Use of results of authorised information matching programme
180
Extension of time limit
181
Notice of adverse action proposed
182
Reporting requirements
183
Reports on authorised information matching programmes
184
Reports on information matching provisions
185
Responsible Minister must present
to House of Representatives
copy of report under section 184 and report setting out Government’s response
to House of Representatives
186
Avoidance of controls on information matching through use of exceptions to information privacy principles
187
Avoidance of controls on information matching through use of official information statutes
188
Power to amend Schedule 6 by Order in Council
189
Power to amend Schedule 7 by Order in Council
190
Amendments to other enactments related to this subpart
191
Expiry of section 190 and Schedule 8
Part 8
Transfer
Prohibiting onward transfer
of personal information
outside
received in
New Zealand
from overseas
192
Interpretation
193
Prohibition on transfer of personal information outside New Zealand
194
Commissioner’s power to obtain information
195
Transfer prohibition notice
196
Commissioner may vary or cancel
transfer prohibition
notice
197
Offence in relation to transfer prohibition notice
198
Appeals against transfer prohibition notice
199
Application of Human Rights Act 1993
200
Power to amend Schedule 9
by Order in Council
Part 9
Miscellaneous provisions
General
201
Privacy officers
202
Commissioner may require agency to supply information
203
Inquiries
204
Powers relating to declaratory judgments
205
Protection against certain actions
206
Commissioner and staff to maintain secrecy
207
Commissioner may share information with overseas privacy enforcement authority
208
Consultation
209
Exclusion of public interest immunity
210
Adverse comment
Liability and offences
211
Liability of employers and principals
212
Offences
Regulations
212A
Regulations: prescribed binding schemes
212B
Regulations: prescribed countries
213
Regulations
Other regulations
Repeal, revocation, and consequential amendments
214
Repeal and revocation
215
Consequential amendments
216
Expiry of section 215 and Schedule 10
Schedule 1
Transitional, savings, and related provisions
Schedule 2
Public registers
Schedule 3
Approved information sharing agreements
Schedule 4
Identity information
Schedule 5
Law enforcement information
Schedule 6
Information matching provisions
Schedule 7
Information matching rules
Schedule 8
Amendments to other enactments related to subpart 4 of Part 7
Schedule 9
Basic principles of national application set out in Part Two of
the
OECD Guidelines
Schedule 10
Consequential amendments
Legislative history
The Parliament of New Zealand enacts as follows: