Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698750592221.pdf (New Zealand)
No 482 House of Representatives Supplementary Order Paper Tuesday, 17 March 2020 Privacy Bill Proposed amendments for the consideration of the Committee of the whole House Key: • • this is inserted text this is deleted text Note: This Supplementary Order Paper shows amendments to the Bill that are being proposed by the Minister for the purposes of consideration in Committee of the whole House.
This document does— • • NOT have official status in terms of unamended text NOT have the status of an as-reported version of the Bill.

34—2/SOP No 482 1 Proposed amendments to Privacy Bill Explanatory note SOP No 482 This Supplementary Order Paper sets out amendments to the Privacy Bill.
The following substantive amendments are made to the Bill: • • • • • • • • • Part 1 Preliminary provisions Clause 2 is amended so that the provisions relating to the issue of codes of practice and the making of regulations commence on the day after enactment of the Bill.

All other provisions will commence on 1 November 2020.

Clause 3A is redrafted with greater clarity.

The definitions of New Zealand agency and overseas agency are moved from clause 3A to new clauses 6A and 6B respectively.
The definition of agency is amended to take account of the new definition of New Zealand agency in new clause 6A.

The definition of foreign person or entity is moved from IPP 12 in clause 19 to clause 6, and is amended to include individuals not present in New Zealand (in addition to individuals who are not ordinarily resident in New Zealand).

The definition of department now expressly includes departmental agencies to reflect section 27A(2) of the State Sector Act 1988 (clause 6).
The definition of news entity in clause 6 is amended to include news entities that are subject to the oversight of an overseas regulator that provides an inde- pendent complaints procedure accessible to complainants residing in New Zea- land.
Part 2 Privacy Commissioner New clause 14A provides that the responsible Minister may request the Com- missioner to provide advice to assist the Minister in deciding whether to rec- ommend the making of regulations under clause 212A (regulations prescribing binding schemes) or clause 212B (regulations prescribing countries).
Part 3 Information privacy principles and codes of practice The duty imposed on agencies by IPP 4 in clause 19 (manner of collection of personal information) is modified to provide that, particularly when personal information is collected from children and young persons, agencies must ensure the collection is by a means that is fair and not unreasonably intrusive.
34—2/SOP No 482 3 SOP No 482 Proposed amendments to Privacy Bill • • • Part 4 Access to and correction of personal information Clause 45 is amended to expressly provide that a request made under IPP 6 may be made by a representative of the individual concerned.

Part 5 Complaints, investigations, and proceedings Clause 77 is amended to provide that any person may make a complaint, and a complaint may be made on behalf of 1 or more aggrieved individuals.

The complainant need not be the aggrieved individual.
Clause 103 is amended to provide that proceedings may also be commenced in the Human Rights Review Tribunal (the Tribunal) in the following circum- stances where a complaint has been received but no investigation has been con- ducted by the Commissioner: • • the Commissioner has tried to secure a settlement of the complaint, but has been unsuccessful (see clause 84): the Commissioner has referred the complaint to the Director of Human Rights Proceedings (see clause 84A).
• Clause 103 is also amended— • • • to provide that proceedings may only be commenced in the Tribunal by the aggrieved individual, a representative of the aggrieved individual, or a representative lawfully acting on behalf of a class of aggrieved indi- viduals: to enable aggrieved individuals to seek any remedy (not just damages) from the Tribunal in any case where the Commissioner has made an access direction (even if an aggrieved individual is satisfied with that direction): to afford to the Chairperson of the Tribunal a discretion to agree to the late commencement of proceedings.
Clause 108 is amended to clarify that the Tribunal may award damages to each member of a class of aggrieved individuals.

Part 6 Notifiable privacy breaches and compliance notices The test in clause 121(2A) has been changed.
A threshold of belief on reason- able grounds has been added to the clause and the person must also believe that disclosure of the identity of a person (who is or may be in possession of per- sonal information as a result of a data breach) is necessary to prevent or lessen a serious threat to the affected individual or another person.
34—2/SOP No 482 • • 4 • • • • • • • • • Proposed amendments to Privacy Bill SOP No 482 New clauses 122AA and 122AB relate to liability of employers, principal agen- cies, and agencies for the actions of their employees, agents, and members, respectively.

Clause 211, which deals with liability of those persons or agencies for the purposes of the Bill generally, does not apply to processes and proceed- ings relating to notifiable privacy breaches.
Clause 122AB sets out the rules for liability in processes and proceedings relating to notifiable privacy breaches.

Clause 122A has been amended so that it no longer deals with liability of prin- cipals (which is now dealt with in new clause 122AB).

Instead, it says that in processes or proceedings relating to notifiable privacy breaches, anything known by an employee or a member of an agency is to be treated as known by the employer or agency.
This also applies to agents and principal agencies, except in proceedings under clause 122 relating to the offence of failing to notify the Commissioner.

The effect is that actual knowledge on the part of a principal agency is required for the offence under clause 122.

A reference to breaches of codes of practice (under the Bill) or codes of con- duct (under other Acts) has been added to clause 124.
If complaints about breaches of those codes can be the subject of a complaint under Part 5, the Commissioner can issue a compliance notice in relation to the code.

Clause 129A has been amended so that rather than publication of details of a compliance notice being required as a default, this is at the discretion of the Commissioner.

The Commissioner may publish or delay publication of details if the Commissioner believes it is desirable to do so in the public interest.
Part 7 Sharing, accessing, and matching personal information Clause 141 is amended to provide that all agencies that enter into an informa- tion sharing agreement (including a part of a public sector agency or a New Zealand private sector agency) must be named as a party to the agreement.

Clause 142 is amended to provide that the lead agency must advise all parties to an information sharing agreement when the name of a party is added to, or removed from, the Schedule of Parties to the agreement.
Clause 143 is amended to clarify who may be designated as the lead agency for an information sharing agreement.

Clause 158 is amended to enable to the Commissioner, with the consent of the responsible Minister, to review the operation of an approved information shar- ing agreement within the period of 12 months after the Order in Council approving the agreement is made.
The Registrar-General is separately identified in Schedule 4 as an accessing agency and a holder agency so that the Registrar-General, separately from the Department of Internal Affairs, may access and disclose identity information specified in that schedule.
34—2/SOP No 482 5 SOP No 482 Proposed amendments to Privacy Bill • Amendments are made to Schedule 8 to information matching provisions being inserted in the following legislation administered by the Department of Internal Affairs to permit that department to enter into new information matching agree- ments: • • • section 78A of the Births, Deaths, Marriages, and Relationships Regis- tration Act 1995: section 26A of the Citizenship Act 1977: section 39 of the Electronic Identity Verification Act 2012.
Departmental disclosure statement The Ministry of Justice is required to prepare a disclosure statement to assist with the scrutiny of this Supplementary Order Paper.

It provides access to information about any material policy changes to the Bill and identifies any new significant or unusual legislative features of the Bill as amended.

A copy of the statement can be found at http://legislation.govt.nz/disclosure.aspx?
type=sop&subtype=government&year=2020&no=482& The Honourable Andrew Little, in Committee, to propose the amendments shown in the following document.
6 34—2/SOP No 482 Hon Andrew Little Privacy Bill Government Bill Contents 1 2 Title Commencement 3 3A 3A 4 5 6 6A 6B 7 8 9 Part 1 Preliminary provisions Subpart 1—Preliminary matters Purpose of this Act Application of this Act Application of this Act Transitional, savings, and related provisions Act binds the Crown Subpart 2—Interpretation and related matters Interpretation Meaning of New Zealand agency Meaning of overseas agency Personal information held by agency if held by officer, employee, or member of agency Personal information treated as being held by another agency in certain circumstances Actions of, and disclosure of information to, staff of agency, etc Part 2 Privacy Commissioner Subpart 1—Appointment of Privacy Commissioner 10 11 Privacy Commissioner Deputy Privacy Commissioner 34—2/SOP No 482 Page 9 9 10 10 11 12 12 13 18 19 19 20 20 20 21 1 Proposed amendments to Privacy Bill Holding of other offices Superannuation or retiring allowances Subpart 2—Functions of Privacy Commissioner Functions of Commissioner Other functions of Commissioner Responsible Minister must present copy of report on operation of Act to House of Representatives Duty to act independently Commissioner to have regard to certain matters Part 3 Information privacy principles and codes of practice Subpart 1—Information privacy principles Information privacy principles Application of IPPs subject to overseas laws in relation to information held overseas Relationships between IPPs and other New Zealand law Exemptions relating to IPPs 1 to 4 and 13 IPPs 1 to 4 do not apply to personal information collected before 1 July 1993 Restricted application of IPP 13 to unique identifiers assigned before 1 July 1993 Exemption for personal information relating to Restricted application of IPPs to personal information collected or held for personal or domestic affairs Exemption for IPPs 2, 3, and 4(1)(b) do not apply to personal information collected by intelligence and security agencies Certain personal information exempt from IPPs 6 and 7 do not
 apply to certain information Commissioner may authorise collection, use, storage, or disclosure of personal information otherwise in breach of IPP 2 or IPPs 9 to 12 Enforceability of IPPs Subpart 3—Codes of practice Codes of practice in relation to IPPs Issue of code of practice Urgent issue of code of practice Notification, availability, and commencement of codes of practice Application of Legislation Act 2012 to codes of practice Amendment and revocation of codes of practice Effect of codes of practice 34—2/SOP No 482 12 13 14 14A 23A Proposed amendments to Privacy Bill Part 4 Access to and correction of personal information Subpart 1—Access to personal information Interpretation Individuals may make IPP 6 request Urgency Assistance Transfer of IPP 6 request Responding to IPP 6 request Decision to grant access to personal information Decision to refuse access to personal information Decision to neither confirm nor deny personal information is held Extension of time limits Protection, etc, of individual as reason for refusing access to personal information Evaluative material as reason for refusing access to personal information Security, defence, international relations as reason for refusing access to personal information Trade secret as reason for refusing access to personal information Other reasons for refusing access to personal information Agency may impose conditions instead of refusing access to personal information Withholding personal information contained in document Ways personal information in document may be made available Responsibilities of agency before giving access to personal information Subpart 2—Correction of personal information Interpretation Individuals may make correction requests Urgency Assistance Transfer of correction request Decision on request to correct personal information Decision on request to
 attach statement of correction Extension of time limits Subpart 3—Charges Charges Commissioner may authorise public sector agency to impose charge 44 45 46 47 48 50 50A 50B 50C 51 52 53 54 55 57 58 61 62 63 64 65 66 67 68 69 70 71 72 73 34—2/SOP No Proposed amendments to Privacy Bill Part 5 Complaints, investigations, and proceedings Interpretation Interference with privacy of individual Subpart 1—Complaints Complaints Who may make complaint Form of complaint Procedure on receipt of complaint Commissioner may decide not to investigate complaint Referral of complaint to another person Referral of complaint to overseas privacy enforcement authority Exploring possibility of settlement and assurance before without investigating complaint Referral of complaint to Director without conducting investigation Subpart 2—Investigations by Commissioner Application of this subpart Commencing investigation Conducting investigation Commissioner may regulate own procedure Exploring possibility of settlement and assurance during investigation Referral of complaint to Director without completing investigation Compulsory conferences of parties to complaint Power to summon persons Power to require information and documents Disclosure of information may be required despite obligation of secrecy Protection and privileges of persons required to provide information, etc Disclosed information privileged Procedure after completion of investigation relating to access to personal information Access direction Procedure after completion of investigation relating to charging Procedure after completion of other investigations Special procedure relating to intelligence and security agency Commissioner to report breach of duty or misconduct Subpart 3—Proceedings before Human Rights Review Tribunal Proceedings in relation to complaints or investigations 74 75 76 77 78 79 80 82 83 84 84A 85 86 88 89 89A 89B 90 91
 92 93 94 95 96 96A 97 99 100 101 102 Director may commence proceedings in Tribunal 4 34—2/SOP No Proposed amendments to Privacy Bill 103 104 105 106 107 108 Aggrieved individual may individuals may commence proceedings in Tribunal Right of Director to appear in proceedings commenced under section 103 Apology not admissible except for assessment of remedies Onus of proof Remedies in respect of interference with privacy Damages 109 Enforcement of access direction Access order Appeal against access direction 110 111 112 114 Appeal to Tribunal against access direction Time for lodging appeal Interim order suspending Commissioner’s direction pending appeal Determination of appeal Miscellaneous 114A 115 116 Proceedings involving access to personal information Costs Certain provisions of Human Rights Act 1993 to apply Part 6 Notifiable privacy breaches and compliance notices Subpart 1—Notifiable privacy breaches 117 117A 118 119 120 Interpretation Assessment of likelihood of serious harm being caused by privacy breach Agency to notify Commissioner of notifiable privacy breach Agency 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 Requirements for notification Offence to fail to notify Commissioner 121 122 122AA Section 211 does not apply to processes and proceedings relating to failure to notify notifiable privacy breach 122AB Liability for actions of employees, agents, and members of 122A 122A 123 agencies Liability of principals Knowledge of employees, agents, and members of agencies to be treated as knowledge of employers, principal agencies, and agencies Publication of identity of agencies in certain circumstances 34—2/SOP No 482 71 73 74 74 74 74 76 76 76 76 77 77 78 78 78 80 80 80 81 82 83 83 84 84 84 85 5
 Proposed amendments to Privacy Bill Subpart 2—Compliance notices 124 125 126 127 128 129 129A Compliance notices Issuing compliance notice Form of compliance notice Agency response to compliance notice Commissioner may vary or cancel compliance notice Commissioner’s power to obtain information Publication of details of compliance notice Proceedings 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 6 Enforcement of compliance notice Appeal against compliance notice or Commissioner’s decision to vary or cancel notice Interim order suspending compliance notice pending appeal Remedies, costs, and enforcement Application of Human Rights Act 1993 Commissioner may be represented in proceedings Part 7 Sharing, accessing, and matching personal information Subpart 1—Information sharing Purpose of this subpart Relationship between subpart 1 and other law relating to information disclosure Interpretation Information sharing between agencies Information sharing within agencies Parties to information sharing agreement Agreement may apply to classes of agencies Lead agency Form and content of information sharing agreement Governor-General may approve information sharing agreement by Order in Council Requirements for Order in Council Further provisions about Order in Council Status of Order in Council Matters to which relevant Minister must have regard before recommending Order in Council Consultation on proposed information sharing agreement Commissioner may prepare and publish report on approved information sharing agreement Requirement to give notice of adverse action When requirement to give notice of adverse action applies Responsibilities of lead agency Report of lead agency 34—2/SOP No 186
175 176 177 178 179 180 181 182 183 184 185 186 Proposed amendments to Privacy Bill Commissioner may specify frequency of reporting by lead agency Amendment of approved information sharing agreement Review of operation of approved information sharing agreement Report on findings of review Relevant Minister must present copy of report under section 159(1) and report setting out Government’s response to House of Representatives Power to amend Schedule 3 by Order in Council Subpart 2—Identity information Purpose of this subpart Relationship between this subpart and other law relating to information disclosure Interpretation Access by agencies to identity information Manner and form of access Annual reporting requirement Power to amend Schedule 4 by Order in Council Subpart 3—Law enforcement information Purpose of this subpart Relationship between this subpart and other law relating to information disclosure Interpretation Access by accessing agencies to law enforcement information Power to amend Schedule 5 by Order in Council Subpart 4—Authorised information matching programmes Purpose of this subpart Application of this subpart Relationship between this subpart and other law relating to information disclosure Interpretation Information matching agreements Use of results of authorised information matching programme Extension of time limit Notice of adverse action proposed Reporting requirements Reports on authorised information matching programmes Reports on information matching provisions Responsible Minister must present copy of report under section 184 and report setting out Government’s response to House of Representatives Avoidance of controls on information matching through use of exceptions to information privacy principles 34—2/SOP No Proposed amendments to Privacy Bill Avoidance of controls on information matching through use of official information statutes Power to amend
 Schedule 6 by Order in Council Power to amend Schedule 7 by Order in Council Amendments to other enactments related to this subpart Expiry Repeal of section 190 and Schedule 8 Part 8 Prohibiting onward transfer of personal information received in New Zealand from overseas Interpretation Prohibition on transfer of personal information outside New Zealand Commissioner’s power to obtain information Transfer prohibition notice Commissioner may vary or cancel transfer prohibition notice Offence in relation to transfer prohibition notice Appeals against transfer prohibition notice Application of Human Rights Act 1993 Power to amend Schedule 9 by Order in Council Part 9 Miscellaneous provisions General Privacy officers Commissioner may require agency to supply information Inquiries Powers relating to declaratory judgments Protection against certain actions Commissioner and staff to maintain secrecy Commissioner may share information with overseas privacy enforcement authority Consultation Exclusion of public interest immunity Adverse comment Liability and offences Liability of employers and principals employers, principals, and agencies Offences 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 Regulations 212A 212B 213 Regulations: prescribed binding schemes Regulations: prescribed countries Other regulations 8 34—2/SOP No Proposed amendments to Privacy Bill Repeal, revocation, and consequential amendments 214 215 216 Repeal and revocation Consequential amendments Expiry Repeal of section 215 and Schedule 10 Schedule 1 Transitional, savings, and related provisions 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 OECD Guidelines Schedule 10 Consequential amendments cl 2 127 127 128 129 133 143 146 155 156 159 178 180 The Parliament of New Zealand enacts as follows: 1 Title This Act is the Privacy Act 2018.
Commencement This Act, except sections 212A to 213, comes into force on 1 March 2020.

Sections 212A to 213 come into force on the day after the date on which this Act receives the Royal assent.

The following provisions come into force on the day after the date on which this Act receives the Royal assent: 2 (1) (2) (1) (a) (b) subpart 3 of Part 3; and sections 212A to 213.

(2) The rest of this Act comes into force on 1 November 2020.
34—2/SOP No 482 9 Part 1 cl 3 Proposed amendments to Privacy Bill Part 1 Preliminary provisions Subpart 1—Preliminary matters 3 Purpose of this Act The purpose of this Act is to promote and protect individual privacy by— (a) (b) providing a framework for protecting an individual’s right to privacy of personal information, including the right of an individual to access their personal information, while recognising that other rights and interests may at times also need to be taken into account; and giving effect to internationally recognised privacy obligations and stand- ards in relation to the privacy of personal information, including the OECD Guidelines and the International Covenant on Civil and Political Rights.
3A Application of this Act (1) This Act applies to— (a) a New Zealand agency (A), in relation to— (i) (ii) any action taken by A (whether inside or outside New Zealand); and all personal information collected or held by A, in relation to an individual concerned, regardless of where the information is col- lected or held and where the individual concerned is located: (b) an overseas agency (B), in relation to— (i) (ii) any action taken by B in the course of carrying on business in New Zealand; and all personal information collected or held by B, in relation to an individual concerned, in the course of carrying on business in New Zealand, regardless of where the information is collected or held and where the individual concerned is located: (c) an individual (C) who is not ordinarily resident in New Zealand, but who is present in New Zealand, in relation to— (i) (ii) any action taken by C while present in New Zealand; and all personal information collected by C while present in New Zea- land, in relation to an individual concerned, regardless of where the information is held and where the individual concerned is located.
(2) Despite subsection (1),— 10 34—2/SOP No 482 (a) (b) Proposed amendments to Privacy Bill Part 1 cl 3A subpart 3 of Part 7 applies to a court in relation to its judicial func- tions; and section 212 applies to any person, including a person not described in subsection (1) and who is outside New Zealand, if— (i) any act or omission forming part of any offence under section 212 occurs in New Zealand; or any event necessary to the completion of any offence under sec- tion 212 occurs in New Zealand.
(ii) (3) For the purposes of subsection (1), an agency is treated as carrying on busi- ness in New Zealand whether or not— (a) (b) the agency has a place of business in New Zealand; or any monetary payment is made to the agency for the supply of goods or services (or both); or (c) the agency intends to make a profit from its business in New Zealand.
(4) In this section,— New Zealand agency means an agency that is— (a) (b) (c) (d) an individual who is ordinarily resident in New Zealand; or a public sector agency; or a New Zealand private sector agency; or a court or tribunal, except in relation to its judicial functions New Zealand private sector agency means a private sector agency that is an incorporated or unincorporated body and that— (a) (b) is established under New Zealand law; or has its central management and control in New Zealand overseas agency means an overseas person, body corporate, or unincorporated body that is carrying on business in New Zealand, but is not— (a) (b) a New Zealand agency; or the Government of an overseas country.
3A 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 Zealand) in respect of personal information collected or held by A: (b) an overseas agency (B), in relation to any action taken by B in the course of carrying on business in New Zealand in respect of personal informa- tion collected or held by B: 34—2/SOP No 482 11 Part 1 cl 4 Proposed amendments to Privacy Bill (c) an individual (C) who is not ordinarily resident in New Zealand, in rela- tion to any action taken by C in respect of— (i) (ii) personal information collected by C while present in New Zea- land, regardless of where the information is subsequently held by C or where the individual to whom the information relates is, or was, located: personal information held by C while present in New Zealand (but not collected by C while present in New Zealand), regardless of where the individual to whom the information relates is, or was, located.
(2) For the purposes of subsection (1)(a) and (b), it does not matter— (a) where the personal information is, or was, collected by the agency; or (b) where the personal information is held by the agency; or (c) where the individual concerned is, or was, located.
(3) For the purposes of subsection (1)(b), an agency may be treated as carrying on business in New Zealand without necessarily— (a) (b) (c) (d) being a commercial operation; or having a place of business in New Zealand; or receiving any monetary payment for the supply of goods or services; or intending to make a profit from its business in New Zealand.

(4) (5) Subpart 3 of Part 7 also applies to a court in relation to its judicial functions.
Section 212 applies to— (a) a New Zealand agency: (b) (c) (d) an overseas agency: an individual who is present in New Zealand: a person who is outside New Zealand if— (i) (ii) any act or omission forming part of any offence under section 212 occurs in New Zealand; or any event necessary to the completion of any offence under sec- tion 212 occurs in New Zealand.
Transitional, savings, and related provisions The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.

Act binds the Crown This Act binds the Crown.
Compare: 1993 No 28 s 5 34—2/SOP No 482 4 5 12 Proposed amendments to Privacy Bill Part 1 cl 6 Subpart 2—Interpretation and related matters 6 (1) Interpretation 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 3A to whom this Act applies (a) means any person or body of persons, whether corporate or unincorpo- rate, and whether in the public sector or the private sector and, to avoid doubt, includes a department; but (b) does not include— (i) (ii) (iii) (iv) (v) (vi) the Sovereign; or the Governor-General or the Administrator of the Government; or the House of Representatives; or a member of Parliament in their official capacity; or the Parliamentary Service Commission; or the Parliamentary Service, except in relation to personal informa- tion about any employee or former employee of that agency in their capacity as an employee; or (vii) in relation to its judicial functions, a court; or (viii) in relation to its judicial functions, a tribunal; or (ix) (x) (xi) an Ombudsman; or an inquiry; or a board of inquiry or court of inquiry appointed under any Act to inquire into a specified matter; or (xii) in relation to its news activities, any news entity binding scheme means an internationally recognised scheme in which the par- ticipants agree to be bound by— (a) specified measures for protecting personal information that is collected, held, used, and disclosed; and (b) mechanisms for enforcing compliance with those measures Chairperson means the Chairperson of the Human Rights Review Tribunal, and includes a Deputy Chairperson of the Tribunal code of practice means a code of practice issued by the Commissioner under section 35 collect, in relation to personal information, means to take any step to seek or obtain the personal information, but does not include receipt of unsolicited information 34—2/SOP No 482 13 Part 1 cl 6 Proposed amendments to Privacy Bill Commissioner means the Privacy
 Commissioner holding office under sec- tion 10 and appointed in accordance with section 28(1)(b) of the Crown Entities Act 2004 correct, in relation to personal information, means to alter that information by way of correction, deletion, or addition, and correction has a corresponding meaning country includes a State, territory, or province or any other part of a country self-governing State, province, or territory department means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975 department— (a) means a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975; and (b) includes a departmental agency Deputy Commissioner means the Deputy Privacy Commissioner appointed under section 11 Director of Human Rights Proceedings or Director means the Director of Human Rights Proceedings or alternate Director of Human Rights Proceedings appointed under section 20A of the Human Rights Act 1993 document means a document in any form, and includes— (a) (b) (c) (d) (e) any writing on any material: any information recorded or stored by means of any computer or other device, and any material subsequently derived from information so recorded or stored: any label, marking, or other writing that identifies or describes any thing of which it forms part, or to which it is attached by any means: any book, map, plan, graph, or drawing: any photograph, film, negative, tape, or any device in which 1 or more visual images are embodied so as to be capable (with or without the aid of some other equipment) of being reproduced foreign person or entity means— (a) an individual who is neither— (i) (ii) present in New Zealand; nor ordinarily resident in New Zealand: (b) a body, incorporated or unincorporated, that— (i) (ii) is not established under the law of New Zealand; and does not have its central control and management in New Zea- land: 14 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 1 cl 6 (c) the Government of an overseas country
 General Data Protection Regulation means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC Human Rights Review Tribunal or Tribunal means the Human Rights Review Tribunal continued by section 93 of the Human Rights Act 1993 individual means a natural person, other than a deceased natural person individual concerned, in relation to personal information, means the indi- vidual to whom the information relates information privacy principle or IPP means an information privacy principle set out in section 19 inquiry means an inquiry to which section 6 of the Inquiries Act 2013 applies intelligence and security agency means— (a) (b) the New Zealand Security Intelligence Service; and the Government Communications Security Bureau international organisation means any organisation of States or Governments of States or any organ or agency of any such organisation, and includes the Commonwealth Secretariat local authority— (a) means a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987; and (b) includes— (i) any committee, subcommittee, standing committee, special com- mittee, joint standing committee, or joint special committee that the local authority is empowered to appoint under its standing orders or rules of procedure or under any enactment or Order in Council constituting the local authority or regulating its proceed- ings; and (ii) a committee of the whole local authority Minister means a Minister of the Crown in the Minister’s capacity as a Minis- ter New Zealand agency has the meaning given to it in section 6A New Zealand private sector agency means a private sector agency that is an incorporated or unincorporated body and that— (a) (b) is established under New Zealand law; or has its central
 management and control in New Zealand 34—2/SOP No 482 15 Part 1 cl 6 Proposed amendments to Privacy Bill news activity means— (a) gathering, preparing, or compiling, for the purposes of publication, any— (i) (ii) news: observations on news: (iii) current affairs: (b) publishing any— (i) (ii) news: observations on news: (iii) current affairs news entity means an entity (including an individual)— (a) (b) whose business, in whole or part, consists of a news activity; and that is, or is employed by an employer that is, subject to the oversight of— (i) (ii) (iia) (iii) the Broadcasting Standards Authority; or the New Zealand Media Council; or an overseas regulator providing an independent procedure for the consideration and adjudication of privacy complaints that is acces- sible to complainants, including complainants residing in New Zealand; or any other body prescribed as a regulatory body by regulations made under section 213(1)(ab) for the purposes of this defin- ition OECD Guidelines means the Organisation for Economic Co-operation and Development Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data Ombudsman means an Ombudsman appointed under the Ombudsmen Act 1975 organisation— (a) means— (i) (ii) an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; and an organisation named in Schedule 1 of the Official Information Act 1982; and (b) includes the Office of the Clerk of the House of Representatives overseas agency has the meaning given to it in section 6B 16 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 1 cl 6 overseas privacy enforcement authority means an overseas body that is responsible for enforcing legislation to protect personal information, and that has the power to conduct investigations and pursue enforcement proceedings Parliamentary Under-Secretary means a Parliamentary Under-Secretary in their capacity as a Parliamentary Under-Secretary personal information— (a) means information about an
 identifiable individual; and (b) includes information relating to a death that is maintained by the Registrar-General under the Births, Deaths, Marriages, and Relation- ships Registration Act 1995 or any former Act (as defined in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995) private sector agency means an agency that is not a public sector agency public sector agency— (a) means an agency that is a Minister, a Parliamentary Under-Secretary, a department, an organisation, or a local authority; and (b) includes any agency that is an unincorporated body (being a board, council, committee, or other body)— (i) (ii) that is established for the purpose of assisting or advising, or per- forming functions connected with, any public sector agency within the meaning of paragraph (a); and that is established in accordance with the provisions of any enact- ment or by any such public sector agency publication has a corresponding meaning to publish publicly available information means personal information that is contained in a publicly available publication publicly available publication means a publication (including a register, list, or roll of data) in printed or electronic form that is, or will be, generally avail- able to members of the public free of charge or on payment of a fee publish means to make publicly available in any manner, including by— (a) (b) (c) (d) (e) displaying on any medium: printing in a newspaper or other periodical: broadcasting by any means: disseminating by means of the Internet or any other electronic medium: storing electronically in a way that is accessible to the public responsible Minister means the Minister of Justice serious threat means a threat that an agency reasonably believes to be a ser- ious threat having regard to all of the following: (a) the likelihood of the threat being realised; and 34—2/SOP No 482 17 Part 1 cl 6A (b) (c) Proposed amendments to Privacy Bill the severity of the consequences if the
 threat is realised; and the time at which the threat may be realised unique identifier, in relation to an individual, means an identifier other than the individual’s name that uniquely identifies the individual working day means any day of the week other than— (a) (b) (c) a Saturday, a Sunday, Waitangi Day, Good Friday, Easter Monday, Anzac Day, the Sovereign’s birthday, or Labour Day; or if Waitangi Day or Anzac Day falls on a Saturday or a Sunday, the fol- lowing Monday; or a day in the period commencing on 25 December in one year and ending with 15 January in the next year.
(2) For the purposes of this Act, a person is to be treated as ordinarily resident in New Zealand if— (a) (b) (c) the person’s home is in New Zealand; or the person is residing in New Zealand with the intention of residing in New Zealand indefinitely; or having resided in New Zealand with the intention of establishing their home in New Zealand, or with the intention of residing in New Zealand indefinitely, the person is outside New Zealand but intends to return to establish their home in New Zealand or to reside in New Zealand indef- initely.
Compare: 1993 No 28 s 2(1) 6A Meaning of New Zealand agency In this Act, New Zealand agency— (a) means— (i) (ii) (iii) (iv) an individual who is ordinarily resident in New Zealand; or a public sector agency; or a New Zealand private sector agency; or a court or tribunal, except in relation to its judicial functions; but (b) does not include— (i) (ii) (iii) (iv) (v) the Sovereign; or the Governor-General or the Administrator of the Government; or the House of Representatives; or a member of Parliament in their official capacity; or the Parliamentary Service Commission; or 18 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 1 cl 7 (vi) the Parliamentary Service, except in relation to personal informa- tion about any employee or former employee of the Parliamentary Service in their capacity as an employee; or (vii) an Ombudsman; or (viii) an inquiry; or (ix) a board of inquiry or court of inquiry appointed under any Act to inquire into a specified matter; or (x) a news entity, to the extent that it is carrying on news activities.
6B Meaning of overseas agency In this Act, overseas agency means an overseas person, body corporate, or unincorporated body that is not— (a) (b) (c) a New Zealand agency; or the Government of an overseas country; or an overseas government entity to the extent that the entity is performing any public function on behalf of the overseas Government; or (d) a news entity, to the extent that it is carrying on news activities.
7 (1) Personal information held by agency if held by officer, employee, or member of agency For the purposes of this Act, personal information held by a person in the per- son’s capacity as an officer, an employee, or a member of an agency is to be treated as being held by the agency.
(2) However, subsection (1) does not apply to— (a) personal information held by an officer, an employee, or a member of a public sector agency (A) if— (i) (ii) the information is held only because of the person’s connection with a private sector agency; and that connection is not in the person’s capacity as an officer, an employee, or a member of A; or (b) personal information held by an officer, an employee, or a member of a private sector agency (B) if— (i) (ii) the information is held only because of the person’s connection with another agency (whether a public sector agency or private sector agency); and that connection is not in the person’s capacity as an officer, an employee, or a member of B.
Compare: 1993 No 28 s 3(1)–(3) 34—2/SOP No 482 19 Part 1 cl 8 Proposed amendments to Privacy Bill 8 (1) (2) Personal information treated as being held by another agency in certain circumstances This section applies if an agency (A) holds information as an agent for another agency (B) (for example, the information is held by A on behalf of B for safe custody or processing).

For the purposes of this Act, the personal information is to be treated as being held by B, and not A.
(3) However, the personal information is to be treated as being held by A as well as B if A uses or discloses the information for its own purposes.

(4) For the purposes of this section, it does not matter whether A— (a) (b) is outside New Zealand; or holds the information outside New Zealand.
(5) To avoid doubt, if, under subsection (2), B is treated as holding personal information,— (a) (b) the transfer of the information to A by B is not a use or disclosure of the information by B; and the transfer of the information, and any information derived from the processing of that information, to B by A is not a use or disclosure of the information by A.
Compare: 1993 No 28 s 3(4) 9 Actions of, and disclosure of information to, staff of agency, etc For the purposes of this Act, an action done by, or information disclosed to, a person employed by, or in the service of, an agency in the performance of the duties of the person’s employment is to be treated as having been done by, or disclosed to, the agency.
Compare: 1993 No 28 s 4 Part 2 Privacy Commissioner Subpart 1—Appointment of Privacy Commissioner Privacy Commissioner There continues to be a Commissioner called the Privacy Commissioner.

The Commissioner is— (a) (b) a corporation sole; and a Crown entity for the purposes of section 7 of the Crown Entities Act 2004; and (c) the board for the purposes of the Crown Entities Act 2004.
34—2/SOP No 482 10 (1) (2) 20 Proposed amendments to Privacy Bill Part 2 cl 13 (3) 11 (1) (2) (3) The Crown Entities Act 2004 applies to the Commissioner except to the extent that this Act expressly provides otherwise.

Compare: 1993 No 28 s 12 Deputy Privacy Commissioner The Governor-General may, on the recommendation of the responsible Minis- ter, appoint a Deputy Privacy Commissioner.
Part 2 of the Crown Entities Act 2004, except section 46, applies to the appointment and removal of a Deputy Commissioner in the same manner as it applies to the appointment and removal of the Commissioner.

Subject to the control of the Commissioner, the Deputy Commissioner may perform or exercise all the functions, duties, and powers of the Commissioner.
(4) When there is a vacancy in the position of Commissioner or when the Commis- sioner is (for whatever reason) absent from duty, the Deputy Commissioner may perform or exercise all the functions, duties, and powers of the Commis- sioner.

(5) 12 (1) The Deputy Commissioner is entitled to all the protections, privileges, and immunities of the Commissioner.
Compare: 1993 No 28 s 15 Holding of other offices In addition to the persons specified in section 30(2) of the Crown Entities Act 2004, a member of a local authority is disqualified from being appointed as the Commissioner or Deputy Commissioner.
(2) If a Judge is appointed as the Commissioner or Deputy Commissioner,— (a) the appointment does not affect the Judge’s tenure of judicial office, rank, title, status, precedence, salary, annual or other allowances, or other rights or privileges as a Judge (including those in relation to super- annuation); and (b) for all purposes, the Judge’s service as Commissioner or Deputy Com- missioner must be taken to be service as a Judge.
13 (1) (2) Compare: 1993 No 28 s 19 Superannuation or retiring allowances For the purpose of providing superannuation or retiring allowances for the Commissioner or Deputy Commissioner, the Commissioner may, out of the funds of the Commissioner, make payments to or subsidise any retirement scheme (within the meaning of section 6(1) of the Financial Markets Conduct Act 2013).
Subsections (3) to (5) apply to a person who, immediately before being appointed as the Commissioner or the Deputy Commissioner or, as the case may be, becoming an employee of the Commissioner, is a contributor to the 34—2/SOP No 482 21 Part 2 cl 14 Proposed amendments to Privacy Bill Government Superannuation Fund under Part 2 or 2A of the Government Superannuation Fund Act 1956 (the 1956 Act).
(3) The person is, for the purposes of the 1956 Act, to be treated as if the person continues to be employed in the Government service while the person is the Commissioner or Deputy Commissioner or, as the case may be, an employee of the Commissioner.

(4) However, if the person ceases to be a contributor to the Government Super- annuation Fund after their appointment or employment, the person may not resume making contributions to the Fund.
(5) For the purposes of applying the 1956 Act to a person under this section, con- trolling authority, in relation to the person, means the Commissioner.
Compare: 1993 No 28 Schedule 1 cl 4 Subpart 2—Functions of Privacy Commissioner 14 (1) Functions of Commissioner The functions of the Commissioner are— (a) (b) (c) (ca) (d) (e) (f) (g) to exercise the powers, and carry out the functions and duties, conferred on the Commissioner by or under this Act or any other enactment: to provide advice (with or without a request) to a Minister, a Parliamen- tary Under-Secretary, or an agency on any matter relevant to the oper- ation of this Act: to promote, by education and publicity, an understanding and acceptance of the information privacy principles and of the objectives of those prin- ciples: to assist with the operation of IPP 12: to make public statements in relation to any matter affecting the privacy of individuals: to receive and invite representations from members of the public on any matter affecting the privacy of individuals: to consult and co-operate with other persons and bodies concerned with the privacy of individuals: to examine any proposed legislation (including subordinate legislation) or proposed government policy that the Commissioner considers may affect the privacy of individuals, including any proposed legislation that makes provision for either or both of the following: (i) (ii) the collection of personal information by a public sector agency: the sharing of personal information between public sector agen- cies (including parts of public sector agencies): (h) to monitor the use of unique identifiers: 22 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 2 cl 14 (i) (j) (k) (l) to inquire generally into any matter, including any other enactment or any law, or any practice, or procedure, whether governmental or non- governmental, or any technical development, if it appears to the Com- missioner that the privacy of individuals is being, or may be, infringed (for powers of the Commissioner in relation to inquiries, see section 203): to undertake research into, and to monitor developments in, data pro- cessing and technology to ensure that any
 adverse effects of the develop- ments on the privacy of individuals are minimised: to give advice to any person in relation to any matter that concerns the need for, or desirability of, action by that person in the interests of the privacy of individuals: when requested to do so by an agency, to conduct an audit of personal information maintained by that agency for the purpose of ascertaining whether the information is maintained according to the information pri- vacy principles: (la) to monitor the operation of this Act and consider whether any amend- ments to this Act are necessary or desirable: (m) to report to the responsible Minister on the results of— (i) (ii) (iii) (iv) any examination conducted under paragraph (g): the monitoring undertaken under paragraph (h): the research and monitoring undertaken under paragraph (j): the monitoring and consideration undertaken under paragraph (la): (n) to report to the Prime Minister on— (i) (ii) (iii) any matter affecting the privacy of individuals, including the need for, or desirability of, taking legislative, administrative, or other action to give protection or better protection to the privacy of indi- viduals: the desirability of New Zealand accepting any international instru- ment relating to the privacy of individuals: any other matter relating to the privacy of individuals that, in the Commissioner’s opinion, should be drawn to the Prime Minister’s attention: (o) to gather any information that will assist in carrying out the functions in paragraphs (a) to (n).
(2) The Commissioner may at any time, if it is in the public interest or in the inter- ests of any person or body of persons to do so, publish— (a) reports relating generally to the performance of the Commissioner’s functions under this Act: 34—2/SOP No 482 23 Part 2 cl 14A Proposed amendments to Privacy Bill (b) reports relating to any case or cases investigated by the Commissioner.
(3) Subsection (2) applies regardless of whether the matters to be dealt with in a report under that subsection have been the subject of a report to the responsible Minister or the Prime Minister.
Compare: 1993 No 28 ss 13(1), (2), 26(1) 14A Other functions of Commissioner (1) The responsible Minister may, for any of the following purposes, request the Commissioner to provide advice on whether a binding scheme requires a for- eign person or entity to protect personal information in a way that, overall, pro- vides comparable safeguards to those in this Act: (a) (b) to assist the Minister in deciding whether to recommend the making of regulations under section 212A prescribing the binding scheme: to assist the Minister in deciding whether any regulations made under section 212A prescribing the binding scheme should be— (i) continued without amendment; or (ii) (iii) (iv) continued with amendment; or revoked; or replaced.
(2) The responsible Minister may, for the following purposes, request the Commis- sioner to provide advice on whether the privacy laws of a country, overall, pro- vide comparable safeguards to those in this Act: (a) (b) (c) to assist the Minister in deciding whether to recommend the making of regulations under section 212B prescribing the country: to assist the Minister in deciding whether any regulations made under section 212B prescribing the country should be— (i) continued without amendment; or (ii) (iii) continued with amendment; or revoked: to assist the Minster in deciding whether, for the purposes in paragraph (a) or (b)(i) or (ii), the country should be subject to any limitation or qualification of the kind specified in section 212B(3).
16 Responsible Minister must present copy of report on operation of Act to House of Representatives As soon as practicable after receiving a report under section 14(1)(m)(iv), the responsible Minister must present a copy of the report to the House of Rep- resentatives.
Compare: 1993 No 28 s 26(2) 24 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 3 cl 19 17 Duty to act independently The Commissioner must act independently in performing statutory functions and duties, and exercising statutory powers, under— (a) (b) this Act; and any other Act that expressly provides for the functions, powers, or duties of the Commissioner (other than the Crown Entities Act 2004).
Compare: 1993 No 28 s 13(1A) 18 Commissioner to have regard to certain matters The Commissioner must, in performing any statutory function or duty, and in exercising any statutory power,— (a) have regard to the privacy interests of individuals alongside other human rights and interests, including— (i) (ii) the desirability of facilitating the free flow of information in soci- ety; and government and businesses being able to achieve their objectives efficiently; and take account of international obligations accepted by New Zealand, including those concerning the international technology of communica- tions; and take account of cultural perspectives on privacy; and consider any developing general international guidelines relevant to the better protection of individual privacy; and (b) (c) (d) (e) have regard to the IPPs.
Compare: 1993 No 28 s 14 Part 3 Information privacy principles and codes of practice Subpart 1—Information privacy principles 19 Information privacy principles The information privacy principles are as follows: Information privacy principle 1 Purpose of collection of personal information Personal information must not be collected by an agency unless— (1) (a) the information is collected for a lawful purpose connected with a function or an activity of the agency; and (b) the collection of the information is necessary for that purpose.
34—2/SOP No 482 25 Part 3 cl 19 Proposed amendments to Privacy Bill (2) (1) (2) If the lawful purpose for which personal information about an indi- vidual is collected does not require the collection of an individual’s identifying information, the agency may not require the individual’s identifying information.

Information privacy principle 2 Source of personal information If an agency collects personal information, the information must be col- lected from the individual concerned.
It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,— (a) that non-compliance would not prejudice the interests of the individual concerned; or that compliance would prejudice the purposes of the collection; or that the individual concerned authorises collection of the infor- mation from someone else; or that the information is publicly available information; or that non-compliance is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or for the enforcement of a law that imposes a pecuniary pen- alty; or for the protection of public revenue; or for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or to prevent or lessen a serious threat to the life or health of the individual concerned or any other individual; or that compliance is not reasonably practicable in the circum- stances of the particular case; or that the information— (i) will not be used in a form in which the individual con- (iii) (iv) (ii) (v) (b) (c) (d) (e) (f) (g) cerned is identified; or (ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expec- ted to identify the individual concerned.
Information privacy principle 3 26 34—2/SOP No 482 (1) (2) (3) (4) Proposed amendments to Privacy Bill Part 3 cl 19 Collection of information from subject If an agency collects personal information from the individual con- cerned, the agency must take any steps that are, in the circumstances, reasonable to ensure that the individual concerned is aware of— the fact that the information is being collected; and (a) the purpose for which the information is being collected; and (b) the intended recipients of the information; and (c) the name and address of— (d) (i) (ii) if the collection of the information is authorised or required by or under law,— (i) the agency that is collecting the information; and the agency that will hold the information; and the particular law by or under which the collection of the information is authorised or required; and (e) (ii) whether the supply of the information by that individual is voluntary or mandatory; and (f) (g) the consequences (if any) for that individual if all or any part of the requested information is not provided; and the rights of access to, and correction of, information provided by the IPPs.
The steps referred to in subclause (1) must be taken before the infor- mation is collected or, if that is not practicable, as soon as practicable after the information is collected.

An agency is not required to take the steps referred to in subclause (1) in relation to the collection of information from an individual if the agency has taken those steps on a recent previous occasion in relation to the collection, from that individual, of the same information or informa- tion of the same kind.
It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,— (a) that non-compliance would not prejudice the interests of the individual concerned; or that non-compliance is necessary— (i) (b) to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or for the enforcement of a law that imposes a pecuniary pen- alty; or for the protection of public revenue; or (ii) (iii) 34—2/SOP No 482 27 Part 3 cl 19 Proposed amendments to Privacy Bill (c) (d) (e) (iv) for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or that compliance would prejudice the purposes of the collection; or that compliance is not reasonably practicable in the circum- stances of the particular case; or that the information— (i) will not be used in a form in which the individual con- cerned is identified; or (ii) will be used for statistical or research purposes and will not be published in a form that could reasonably be expec- ted to identify the individual concerned.
Information privacy principle 4 Manner of collection of personal information (1) An agency may collect personal information only— (a) (b) by a lawful means; and by a means that, in the circumstances of the case (particularly in circumstances where personal information is being collected from children or young persons),— (i) (ii) is fair; and does not intrude to an unreasonable extent upon the per- sonal affairs of the individual concerned; and.
(2) When collecting personal information from children and young persons, an agency must take into account their vulnerability.
Information privacy principle 5 Storage and security of personal information An agency that holds personal information must ensure— (a) that the information is protected, by such security safeguards as are reasonable in the circumstances to take, against— (i) (ii) loss; and access, use, modification, or disclosure that is not authorised by the agency; and other misuse; and (iii) that, if it is necessary for the information to be given to a person in con- nection with the provision of a service to the agency, everything reason- ably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.
(b) 28 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 3 cl 19 (1) (2) (3) (1) (2) Information privacy principle 6 Access to personal information An individual is entitled to receive from an agency upon request— (a) confirmation of whether the agency holds any personal informa- tion about them; and access to their personal information.
(b) If an individual concerned is given access to personal information, the individual must be advised that, under IPP 7, the individual may request the correction of that information.

This principle IPP is subject to the provisions of Part 4.

Information privacy principle 7 Correction of personal information An individual whose personal information is held by an agency is entitled to request the agency to correct the information.
An agency that holds personal information must, on request or on its own initiative, take such steps (if any) that are reasonable in the circum- stances to ensure that, having regard to the purposes for which the infor- mation may lawfully be used, the information is accurate, up to date, complete, and not misleading.
(2A) When requesting the correction of personal information, or at any later time, an individual is entitled to— (a) provide the agency with a statement of the correction sought to the information (a statement of correction); and request the agency to attach the statement of correction to the information if the agency does not make the correction sought.
(b) (2B) (3) (4) If an agency that holds personal information is not willing to correct the information as requested and has been provided with a statement of cor- rection, the agency must take such steps (if any) that are reasonable in the circumstances to ensure that the statement of correction is attached to the information in a manner that ensures that it will always be read with the information.
If an agency corrects personal information or attaches a statement of correction to personal information, that agency must, so far as is reason- ably practicable, inform every other person to whom the agency has dis- closed the information.

Subclauses (1) to (2B) are subject to the provisions of Part 4.
Information privacy principle 8 Accuracy, etc, of personal information to be checked before use or disclosure 34—2/SOP No 482 29 Part 3 cl 19 Proposed amendments to Privacy Bill An agency that holds personal information must not use or disclose that infor- mation without taking any steps that are, in the circumstances, reasonable to ensure that the information is accurate, up to date, complete, relevant, and not misleading.
Information privacy principle 9 Agency not to keep personal information for longer than necessary An agency that holds personal information must not keep that information for longer than is required for the purposes for which the information may lawfully be used.
(1) Information privacy principle 10 Limits on use of personal information An agency that holds personal information that was obtained in connection with one purpose may not use the information for any other purpose unless the agency believes, on reasonable grounds,— (a) that the purpose for which the information is to be used is directly related to the purpose in connection with which the information was obtained; or that the information— (i) is to be used in a form in which the individual concerned is not identified; or is to be used for statistical or research purposes and will not be published in a form that could reasonably be expec- ted to identify the individual concerned; or (ii) that the use of the information for that other purpose is author- ised by the individual concerned; or that the source of the information is a publicly available publica- tion and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information; or that the use of the information for that other purpose is neces- sary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or for the enforcement of a law that imposes a pecuniary pen- alty; or for the protection of public revenue; or (ii) (iii) (b) (c) (d) (e) 30 34—2/SOP No 482 (2) (1) Proposed amendments to Privacy Bill Part 3 cl 19 (f) (iv) for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or that the use of the information for that other purpose is neces- sary to prevent or lessen a serious threat to— public health or public safety; or (i) the life or health of the individual concerned or another (ii) individual.
In addition to the uses authorised by subclause (1), an intelligence and security agency that holds personal information that was obtained in connection with one purpose may use the information for any other purpose (a secondary purpose) if the agency believes on reasonable grounds that the use of the information for the secondary purpose is necessary to enable the agency to perform any of its functions.
Information privacy principle 11 Limits on disclosure of personal information An agency that holds personal information must not disclose the infor- mation to any other agency or to any person unless the agency believes, on reasonable grounds,— (a) that the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or that the disclosure is to the individual concerned; or that the disclosure is authorised by the individual concerned; or that the source of the information is a publicly available publica- tion and that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the information; or that the disclosure of the information is necessary— (i) to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or for the enforcement of a law that imposes a pecuniary pen- alty; or for the protection of public revenue; or for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or (ii) (iii) (iv) (b) (c) (d) (e) 34—2/SOP No 482 31 Part 3 cl 19 Proposed amendments to Privacy Bill (f) (g) (h) that the disclosure of the information is necessary to prevent or lessen a serious threat to— (i) (ii) public health or public safety; or the life or health of the individual concerned or another individual; or that the disclosure of the information is necessary to enable an intelligence and security agency to perform any of its functions; or that the information— (i) is to be used in a form in which the individual concerned is not identified; or is to be used for statistical or research purposes and will not be published in a form that could reasonably be expec- ted to identify the individual concerned; or (ii) (i) that the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern.
(2) This principle IPP is subject to IPP 12.
Information privacy principle 12 Disclosure of personal information outside New Zealand (1) (c) (b) An agency (A) may disclose personal information to a foreign person or entity (B) in reliance on IPP 11(1)(a), (c), (e), (f), (h), or (i) only if— the individual concerned authorises the disclosure to B after (a) being expressly informed by A that B may not be required to protect the information in a way that, overall, provides compar- able safeguards to those in this Act; or B is carrying on business in New Zealand and, in relation to the information, A believes on reasonable grounds that B is subject to this Act; or A believes on reasonable grounds that B is subject to privacy laws that, overall, provide comparable safeguards to those in this Act; or A believes on reasonable grounds that B is a participant in a pre- scribed binding scheme; or A believes on reasonable grounds that B is subject to privacy laws of a prescribed country; or A otherwise believes on reasonable grounds that B is required to protect the information in a way that, overall, provides compar- able safeguards to those in this Act (for example, pursuant to an agreement entered into between A and B).
(d) (e) (f) 32 34—2/SOP No 482 (2) (3) (1) (2) (3) (4) Proposed amendments to Privacy Bill Part 3 cl 19 However, subclause (1) does not apply if the personal information is to be disclosed to B in reliance on IPP 11(1)(e) or (f) and it is not reasonably practicable in the circumstances for A to comply with the requirements of subclause (1).
In this principle IPP and sections 212A and 212B,— binding scheme means an internationally recognised scheme in which the participants agree to be bound by— (a) specified measures for protecting personal information that is collected, held, used, and disclosed; and mechanisms for enforcing compliance with those measures (b) foreign person or entity means— (a) (b) an individual who is not ordinarily resident in New Zealand: a body, incorporated or unincorporated, that— (i) (ii) is not established under the law of New Zealand; and does not have its central control and management in New Zealand: the Government of an overseas country (c) prescribed binding scheme means a binding scheme specified in regu- lations made under section 212A prescribed country means a country specified in regulations made under section 212B.
Information privacy principle 13 Unique identifiers An agency (A) may assign a unique identifier to an individual for use in its operations only if that identifier is necessary to enable A to carry out 1 or more of its functions efficiently.
A may not assign to an individual a unique identifier that, to A’s know- ledge, is the same unique identifier as has been assigned to that indi- vidual by another agency (B), unless— (a) A and B are associated persons within the meaning of subpart YB of the Income Tax Act 2007; or the unique identifier is to be used by A for statistical or research purposes and no other purpose.
(b) To avoid doubt, A does not assign a unique identifier to an individual under subsection (1) by simply recording a unique identifier assigned to the individual by B for the sole purpose of communicating with B about the individual.
A must take any steps that are, in the circumstances, reasonable to ensure that— 34—2/SOP No 482 33 Part 3 cl 20 Proposed amendments to Privacy Bill (a) (b) a unique identifier is assigned only to an individual whose iden- tity is clearly established; and the risk of misuse of a unique identifier by any person is mini- mised (for example, by showing truncated account numbers on receipts or in correspondence).
(6) An agency may not require an individual to disclose any unique identi- fier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or is for a purpose that is directly related to one of those purposes.
Compare: 1993 No 28 s 6 20 Application of IPPs subject to overseas laws in relation to information held overseas An action taken by an agency in relation to information held overseas does not breach any of the IPPs if the action is authorised or required by or under the law of any country other than New Zealand.
Compare: 1993 No 28 s 10(3) 22 Relationships between IPPs and other New Zealand law (1) Nothing in IPP 6, 11, or 12 limits or affects— (a) a provision contained in any New Zealand enactment that authorises or requires personal information to be made available; or (b) a provision contained in any other New Zealand Act that— (i) (ii) imposes a prohibition or restriction in relation to the availability of personal information; or regulates the manner in which personal information may be obtained or made available.
(2) An action taken by an agency does not breach IPPs 1 to 5, 7 to 10, or 13 if the action is authorised or required by or under New Zealand law.

23 (1) (2) (3) Compare: 1993 No 28 s 7(1), (2), (4) Exemptions relating to IPPs 1 to 4 and 13 IPPs 1 to 4 apply only to personal information collected after 2 July 1993.

IPP 13(1) to (4) applies only to the assignment of unique identifiers after 2 July 1993.
IPP 13(2) applies to the assignment of a unique identifier after 2 July 1993 where the assignment is in respect of a unique identifier that is the same as that assigned by another agency before or after that date.

Compare: 1993 No 28 s 8(1), (5) 34 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 3 cl 26 23 IPPs 1 to 4 do not apply to personal information collected before 1 July 1993 IPPs 1 to 4 do not apply to personal information collected before 1 July 1993.
Compare: 1993 No 28 s 8(1) 23A Restricted application of IPP 13 to unique identifiers assigned before 1 July 1993 (1) IPP 13(1) to (4)(a) does not apply to unique identifiers assigned before 1 July 1993.

(2) However, IPP 13(2) applies to the assignment of a unique identifier on or after 1 July 1993 even if the unique identifier assigned is the same as that assigned by another agency before that date.
Compare: 1993 No 28 s 8(5), (6) 24 (1) Exemption for personal information relating to Restricted application of IPPs to personal information collected or held for personal or domestic affairs IPPs 1 to 3 and 4(1)(b) do not apply to an agency if that agency— (a) is an individual; and (b) is collecting personal information solely for the purposes of, or in con- nection with, the individual’s personal or domestic affairs.
(2) IPPs 5 to 12 do not apply to an agency if that agency— (a) is an individual; and (b) is holding personal information that was collected by a lawful means solely for the purposes of, or in connection with, the individual’s per- sonal or domestic affairs.

(3) However, the exemptions in subsections (1) and (2) do not apply if the col- lection, use, or disclosure of the personal information would be highly offen- sive to a reasonable person.
Compare: 1993 No 28 s 56 25 Exemption for IPPs 2, 3, and 4(1)(b) do not apply to personal information collected by intelligence and security agencies IPPs 2, 3, and 4(b) 4(1)(b) do not apply to personal information collected by an intelligence and security agency.
Compare: 1993 No 28 s 57 26 (1) Certain personal information exempt from IPPs 6 and 7 do not apply to certain information IPPs 6 and 7 do not apply in respect of— (a) personal information during transmission by post, personal delivery, or electronic means; or 34—2/SOP No 482 35 Part 3 cl 27 (b) Proposed amendments to Privacy Bill personal information that is contained in any correspondence or commu- nication between an agency and any of the following persons and that relates to an investigation conducted by that person under any Act, not being information that was in existence before the commencement of the investigation: (i) (ii) (iii) (iv) an Ombudsman: any officer or employee appointed by the Chief Ombudsman under section 11(1) of the Ombudsmen Act 1975: the Commissioner: any employee or delegate of the Commissioner; or (c) personal information held by the Auditor-General, the Deputy Auditor- General, or any employee of the Auditor-General in connection with the performance or exercise of the Auditor-General’s functions, duties, or powers that is not personal information about any employee or former employee of the Auditor-General in their capacity as an employee; or (d) personal information contained in evidence given or submissions made to— (i) (ii) (iii) a government inquiry, until the final report of that inquiry is pre- sented to the appointing Minister: a public inquiry (including a Royal commission), until the final report of that inquiry is presented to the House of Representatives: a person or body appointed under any Act to inquire into a speci- fied matter; or (e) personal information contained in a video record made under the Evi- dence Regulations 2007 or any copy or transcript of the video record.
IPP 7 does not apply to personal information collected by Statistics New Zea- land under the Statistics Act 1975.
Compare: 1993 No 28 ss 7(5), 55 Commissioner may authorise collection, use, storage, or disclosure of personal information otherwise in breach of IPP 2 or IPPs 9 to 12 (2) 27 (1) An agency may apply to the Commissioner for authorisation to do any of the following in the circumstances of a particular case: (a) (b) (c) collect personal information even if the collection of that information would otherwise be in breach of IPP 2: keep personal information even if the keeping of that information would otherwise be in breach of IPP 9: use personal information even if the use of that information would other- wise be in breach of IPP 10: 36 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 3 cl 27 (d) disclose personal information even if the disclosure of that information would otherwise be in breach of IPP 11 or 12.
(2) An application under subsection (1) must be made in the manner required by the Commissioner.

(3) (4) (5) (6) If, on receiving an application, the Commissioner is not satisfied that the appli- cant has taken sufficient steps to give notice of the application to all individuals concerned, the Commissioner may require the applicant to give public notice of the application in a manner that the Commissioner specifies.
If, on receiving an application, the Commissioner is not satisfied that the appli- cant has given sufficient opportunity to individuals concerned to object to the application, the Commissioner may require the applicant to give any further opportunity that the Commissioner specifies.

In considering whether to grant an authorisation, the Commissioner must take into account any objections to the application received from individuals con- cerned.
The Commissioner may grant an authorisation sought by an applicant only if the Commissioner is satisfied that, in the special circumstances of the case,— (a) the public interest in granting the authorisation outweighs, to a substan- tial degree, the possibility of— (i) (ii) (iii) any loss, detriment, damage, or injury to the individuals con- cerned; or any adverse affect on the rights, benefits, privileges, obligations, or interests of the individuals concerned; or any significant humiliation, significant loss of dignity, or signifi- cant injury to the feelings of the individuals concerned; or (b) granting the authorisation would result in a clear benefit to the individu- als concerned that outweighs the possibility of— (i) (ii) (iii) any loss, detriment, damage, or injury to the individuals con- cerned; or any adverse affect on the rights, benefits, privileges, obligations, or interests of the individuals concerned; or any significant humiliation, significant loss of dignity, or signifi- cant injury to the feelings of the individuals concerned.
(7) The Commissioner may not grant an authorisation under subsection (6) in respect of any specified personal information if the individual concerned objec- ted.

(8) An authorisation granted under subsection (6) may be subject to any condi- tions that the Commissioner considers appropriate.

34—2/SOP No 482 37 Part 3 cl 28 Proposed amendments to Privacy Bill (9) 28 (1) (2) 35 (1) The Commissioner must maintain on the Commissioner’s Internet site a list of current authorisations granted under this section.
Compare: 1993 No 28 s 54 Enforceability of IPPs Except as provided in subsection (2), the IPPs do not confer on any person any right that is enforceable in a court of law.

The entitlements conferred on an individual by IPP 6(1), to the extent that those entitlements relate to personal information held by a public sector agency, are legal rights and are enforceable in a court of law.
Compare: 1993 No 28 s 11 Subpart 3—Codes of practice Codes of practice in relation to IPPs The Commissioner may at any time issue a code of practice in relation to the IPPs.
(2) A code of practice may— (a) modify the application of 1 or more of the IPPs by— (i) (ii) prescribing more stringent or less stringent standards: exempting any action from an IPP, either unconditionally or con- ditionally: (b) (c) apply 1 or more of the IPPs without modification: prescribe how 1 or more of the IPPs are to be applied or complied with.
(3) A code of practice may apply in relation to 1 or more of the following: (a) (b) (c) (d) any specified information or class or classes of information: any specified agency or class or classes of agency: any specified activity or class or classes of activity: any specified industry, profession, or calling or class or classes of indus- try, profession, or calling.
(4) A code of practice may also— (a) impose, in relation to any private sector agency, controls in relation to the comparison (whether done manually or by means of any electronic or other device) of personal information with other personal information for the purpose of producing or verifying information about an identifia- ble individual: (b) in relation to charging under section 72,— (i) set guidelines to be followed by agencies in determining charges: (ii) prescribe circumstances in which no charge may be imposed: 38 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 3 cl 38 (c) (d) (e) prescribe procedures for dealing with complaints alleging a breach of the code, without limiting or restricting any provision of Part 5: provide for the review of the code by the Commissioner: provide for the expiry of the code.
(5) A code of practice may not limit or restrict the entitlements under IPP 6 or 7.

(6) Despite the definition of the term individual in section 6(1),— (a) (b) a sector-specific code of practice may be issued that applies 1 or more of the IPPs to information about deceased persons (whether or not the code also applies 1 or more of the IPPs to other information); and the code of practice has effect under section 43 as if those IPPs so applied, and the provisions of this Act apply accordingly.
38 (1) Compare: 1993 No 28 s 46 Issue of code of practice The Commissioner may issue a code of practice on— (a) (b) the Commissioner’s own initiative; or the application of any person.

(2) An application may be made under subsection (1)(b) only— (a) (b) by a body that represents the interests of any class or classes of agency, industry, profession, or calling (a group); and if the code of practice sought by the applicant is intended to apply to that group, or any activity of the group.
(3) Before issuing a code of practice, the Commissioner must— (a) give public notice of the Commissioner’s intention to issue the code and include a statement that— (i) (ii) the details of the proposed code, including a draft of the proposed code, may be obtained from the Commissioner; and submissions on the proposed code may be made in writing to the Commissioner within the period specified in the notice; and (b) do everything reasonably possible to advise all persons affected by the proposed code, or the representatives of those persons, of— (i) (ii) the details of the proposed code; and the reasons for the proposed code; and (c) give the persons affected by the code, or the representatives of those per- sons, the opportunity to make submissions on the proposed code; and (d) consider any submissions made on the proposed code.
34—2/SOP No 482 39 Part 3 cl 39 Proposed amendments to Privacy Bill (4) 39 (1) Publication in the Gazette of a notice under subsection (3)(a) is conclusive proof that the requirements of that provision have been complied with in respect of the code of practice to which the notice relates.
Compare: 1993 No 28 ss 47(1), (3), (4), 48(1), (2) Urgent issue of code of practice If the Commissioner considers that it is necessary to issue a code of practice, or to amend or revoke any code of practice, and that following the procedure set out in section 38(3) would be impracticable because it is necessary to issue the code or, as the case may be, the amendment or revocation urgently, the Commissioner may issue the code or, as the case may be, the amendment or revocation without complying with that procedure.
(2) Every code of practice, and every amendment to or revocation of a code of practice, issued in accordance with this section,— (3) 40 (1) (a) must be identified as a temporary code or amendment or revocation; and (b) remains in force for the period (not exceeding 1 year after the date of its issue) specified for that purpose in the code or, as the case may be, the amendment or the revocation.
Section 40(2) does not apply to a code of practice, or any amendment to or revocation of a code of practice, issued in accordance with this section.
Compare: 1993 No 28 s 52 Notification, availability, and commencement of codes of practice If the Commissioner issues a code of practice,— (a) the Commissioner must, as soon as practicable after the code is issued, ensure that a notice is published in the Gazette that— (i) (ii) states that the code has been issued; and specifies a place at which copies of the code are available for inspection free of charge and for purchase; and (b) the Commissioner must ensure that, so long as the code remains in force, the code is publicly available on an Internet site maintained by or on behalf of the Commissioner, and that copies of the code are available— (i) (ii) for inspection by members of the public free of charge; and for purchase by members of the public at a reasonable price.
(2) A code of practice comes into force on the 28th day after the date of its notifi- cation in the Gazette or on any later day that is specified in the code.
Compare: 1993 No 28 s 49 40 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 4 cl 45 41 Application of Legislation Act 2012 to codes of practice All codes of practice are disallowable instruments, but not legislative instru- ments, for the purposes of the Legislation Act 2012 and must be presented to the House of Representatives under section 41 of that Act.
Compare: 1993 No 28 s 50 42 (1) (2) Amendment and revocation of codes of practice The Commissioner may at any time issue an amendment or a revocation of a code of practice.

The provisions of sections 38, 40, and 41 apply in respect of any amend- ment or revocation of a code of practice.
Compare: 1993 No 28 s 51 43 Effect of codes of practice If a code of practice is in force,— (a) (b) any action that would otherwise be a breach of an IPP is, for the pur- poses of Part 5, treated as not breaching that IPP if the action complies with the code; and failure to comply with the code, even if the failure would not otherwise be a breach of any IPP, is, for the purposes of Part 5, treated as a breach of an IPP.
Compare: 1993 No 28 ss 53, 64(a) Part 4 Access to and correction of personal information Subpart 1—Access to personal information 44 (1) (2) Interpretation In this subpart and subpart 3, IPP 6 request request means a request made under IPP 6.

In this subpart, requestor, in relation to an IPP 6 request, means the individual person who made the request.
Compare: 1993 No 28 s 33 45 Individuals may make IPP 6 request An IPP 6 request may be made only by the individual concerned or that indi- vidual’s representative.

Compare: 1993 No 28 s 34 34—2/SOP No 482 41 Part 4 cl 46 46 Urgency Proposed amendments to Privacy Bill (1) A requestor may ask that an IPP 6 request be treated as urgent (an urgent IPP 6 request).

(2) A requestor making an urgent IPP 6 request must state the reason why the request should be treated as urgent.
(3) On receiving an urgent IPP 6 request, an agency must consider the request and the reason stated for its urgency when determining the priority to be given to responding to it.

Compare: 1993 No 28 s 37 47 Assistance An agency must give reasonable assistance to an individual who— (a) (b) wishes to make an IPP 6 request; or is making an IPP 6 request.
Compare: 1993 No 28 s 38 Transfer of IPP 6 request This section applies if an agency that receives an IPP 6 request— (a) does not hold the information to which the request relates, but believes that the information is held by another agency; or (b) believes that the information to which the request relates is more closely connected with the functions or activities of another agency.
The agency must promptly, and in any case not later than 10 working days after the day on which the IPP 6 request is received, transfer the request to the other agency and inform the requestor accordingly.

48 (1) (2) (3) However, subsection (2) does not apply if the agency has good cause to believe that the requestor does not want the request transferred to another agency.
(4) 50 (1) 42 If, in reliance on subsection (3), the agency does not transfer the request, the agency must promptly, and in any case not later than 10 working days after the day on which the IPP 6 request was received, inform the requestor that— (a) this section applies in respect of the request; and (b) (c) in reliance on subsection (3), the request has not been transferred; and the name of the agency to which the request could be transferred.
Compare: 1993 No 28 s 39 Responding to IPP 6 request If an agency does not transfer an IPP 6 request under section 48, the agency must, as soon as is reasonably practicable, and in any case not later than 20 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 4 cl 50B working days after the day on which the request is received, respond to the request.
(2) A response must notify the requestor that— (a) (b) (c) the agency does not hold personal information in a way that enables the information to be readily retrieved; or the agency does not hold any personal information about the individual to whom the request relates; or the agency does hold personal information about the individual to whom the request relates and, if access to the information has been requested, that— (i) (ii) access to that information, or some of that information, is granted; or access to that information, or some of that information, is not granted refused; or (d) the agency neither confirms nor denies that it holds any personal infor- mation about the individual to whom the request relates.
50A Decision to grant access to personal information (1) If an agency grants access to personal information, the notice under section 50(2)(c)(i) must state— (a) the way the information is to be made available; and (b) (c) the charge (if any) payable under section 72 in respect of the request, and whether all or part of that charge is required to be paid in advance; and the requestor’s right to make a complaint to the Commissioner about the charge that is payable (if any).
(2) After giving notice under section 50(2)(c)(i) and receiving any charge required to be paid in advance, the agency must make the information available to the requestor.

Compare: 1993 No 28 s 40(1), (2) 50B Decision to refuse access to personal information (1) An agency may refuse access to the personal information requested, or some of the personal information requested, only if the agency is able to rely on any of sections 52 to 57 (see also section 22).
The notice given under section 50(2)(c)(ii) must state— (a) the reason for the refusal; and (2) (b) the requestor’s right to make a complaint to the Commissioner in respect of the refusal.

34—2/SOP No 482 43 Part 4 cl 50C Proposed amendments to Privacy Bill (3) The notice must also state the grounds in support of the reason for the refusal if— (a) (b) the reason is that set out in section 53; or the reason is not that set out in section 53, but the requestor has requested disclosure of the grounds.
(4) However,— (a) (b) (c) subsection (3)(a) does not apply if disclosing the grounds would prejudice the interests protected by section 53: subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by any of sections 52, 54, and 57: subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by section 55 and the reason for not disclosing those grounds is not outweighed by other considerations that make it desirable, in the public interest, to disclose them.
Compare: 1993 No 28 ss 30, 44 50C Decision to neither confirm nor deny personal information is held (1) An agency may neither confirm nor deny that it holds the personal information, or some of the personal information, requested if the agency— (a) (b) is able to rely on section 52(1)(a)(i) or (d), 54, 55, or 57(b) to refuse to disclose the information or refuse to disclose the information if it exis- ted; and is satisfied that the interest protected by any of those provisions would be likely to be prejudiced by the agency confirming whether or not it holds information about the requestor.
(2) The notice given under section 50(2)(d) must inform the requestor of the requestor’s right to make a complaint to the Commissioner in respect of the agency’s response.
Compare: 1993 No 28 s 32 51 Extension of time limits (1) On receiving an IPP 6 request, an agency may extend the time limit set out in section 48 or 50 in respect of the request if— (a) the request is for a large quantity of information, or necessitates a search through a large quantity of information, and meeting the original time limit would unreasonably interfere with the operations of the agency; or (b) consultations necessary to make a decision on the request are such that a response to the request cannot reasonably be given within the original time limit; or 44 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 4 cl 52 (c) the processing of the request raises issues of such complexity that a response to the request cannot reasonably be given within the original time limit.
(2) Any extension under subsection (1) must be for a reasonable period of time having regard to the circumstances.

(3) The extension is effected by giving notice of the extension to the requestor within 20 working days after the day on which the request is received.
(4) The notice effecting the extension must— (a) (b) (c) specify the period of the extension; and give the reasons for the extension; and state that the requestor has the right to make a complaint to the Commis- sioner about the extension; and (d) contain any other information that may be necessary.
Compare: 1993 No 28 s 41 52 Protection, etc, of individual as reason for refusing access to personal information (1) An agency may refuse access to any personal information requested if— (a) the disclosure of the information would— (i) (ii) be likely to pose a serious threat to the life, health, or safety of any individual, or to public health or public safety; or create a significant likelihood of serious harassment of an indi- vidual; or (iii) include disclosure of information about another person who— (A) is the victim of an offence or alleged offence; and (B) would be caused significant distress, loss of dignity, or injury to feelings by the disclosure of the information; or (b) after consultation is undertaken (where practicable) by or on behalf of the agency with the health practitioner of the individual concerned, the agency is satisfied that— (i) (ii) the information relates to the individual concerned; and the disclosure of the information (being information that relates to the physical or mental health of the requestor) would be likely to prejudice the health of the individual concerned; or (c) (d) the individual concerned is under the age of 16 and the disclosure of the information would be contrary to the interests of the individual con- cerned; or the disclosure of the information (being information in respect of the individual concerned who has been convicted of an offence or is or has 34—2/SOP No 482 45 Part 4 cl 53 Proposed amendments to Privacy Bill been detained in custody) would be likely to prejudice the safe custody or the rehabilitation of the individual concerned.
(2) In this section,— health practitioner means— (a) (b) a medical practitioner; or a person who is, or is deemed to be, registered with an authority appoin- ted by or under the Health Practitioners Competence Assurance Act 2003 as a practitioner of a particular health profession and whose scope of practice includes the assessment of a person’s mental capacity medical practitioner means a person who— (a) is, or is deemed to be, registered with the Medical Council of New Zea- land as a practitioner of the profession of medicine; and (b) holds a current practising certificate victim has the meaning given to it in section 8 of the Prisoners’ and Victims’ Claims Act 2005.
Compare: 1993 No 28 ss 27(1)(d), 29(1)(c), (d), (e), (4) 53 Evaluative material as reason for refusing access to personal information (1) An agency may refuse access to any personal information requested if— (a) the information is evaluative material and the disclosure of that informa- tion or of the information identifying the person who supplied it would breach an express or implied promise— (i) (ii) that was made to the person who supplied the information; and that was to the effect that the information or the identity of the person who supplied it, or both, would be held in confidence; or (b) the information is evaluative material that was made available by the agency to another agency, and that other agency may refuse to disclose the information under paragraph (a).
(2) In this section, evaluative material— (a) means evaluative or opinion material compiled solely— (i) for the purpose of determining the suitability, eligibility, or quali- fications of the individual to whom the material relates— (A) (B) (C) (D) for employment or for appointment to office; or for promotion in employment or office or for continuance in employment or office; or for removal from employment or office; or for the awarding of contracts, awards, scholarships, hon- ours, or other benefits; or 46 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 4 cl 54 (ii) (iii) for the purpose of determining whether any contract, award, scholarship, honour, or benefit should be continued, modified, or cancelled; or for the purpose of deciding whether to insure any individual or property or to continue or renew the insurance of any individual or property; but (b) does not include any evaluative or opinion material described in para- graph (a) that is compiled by a person employed or engaged by an agency in the ordinary course of that person’s employment or duties.
Compare: 1993 No 28 s 29(1)(b), (3) 54 Security, defence, international relations as reason for refusing access to personal information An agency may refuse access to any personal information requested if the dis- closure of the information would be likely— (a) (b) to prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or to prejudice the entrusting of information to the Government of New Zealand on a basis of confidence by— (i) the Government of any other country or any agency of the Gov- ernment of any other country; or (ii) any international organisation; or (c) to prejudice the security or defence of— (i) the Cook Islands; or (ii) Niue; or (iii) Tokelau; or (iv) the Ross Dependency; or (d) to prejudice relations between any of the Governments of— (i) (ii) New Zealand: the Cook Islands: (iii) Niue; or (e) to prejudice the international relations of the Government of— (i) the Cook Islands; or (ii) Niue.
Compare: 1993 No 28 s 27 34—2/SOP No 482 47 Part 4 cl 55 Proposed amendments to Privacy Bill 55 Trade secret as reason for refusing access to personal information (1) An agency may refuse access to any personal information requested if the information needs protecting because making the information available would— (a) (b) disclose a trade secret; or be likely to unreasonably prejudice the commercial position of the per- son who supplied the information or who is the subject of the informa- tion.
(2) Subsection (1) does not apply if, in the circumstances of the particular case, the withholding of that information is outweighed by other considerations that make it desirable, in the public interest, to make the information available.
Compare: 1993 No 28 s 28 57 Other reasons for refusing access to personal information An agency may refuse access to any personal information requested if— (aa) (a) the information requested does not exist or, despite reasonable efforts to locate it, cannot be found; or the disclosure of the information would involve the unwarranted disclos- ure of the affairs of— (i) (ii) another individual; or a deceased person; or (b) the disclosure of the information would be likely to prejudice the main- tenance of the law by any public sector agency, including— (i) (ii) the prevention, investigation, and detection of offences; and the right to a fair trial; or (c) (e) (f) the disclosure of the information would breach legal professional privil- ege; or the disclosure of the information, being information contained in mater- ial placed in any library or museum or archive, would breach a condition subject to which that material was placed; or the disclosure of the information would constitute contempt of court or of the House of Representatives; or (g) the request is made by a defendant or a defendant’s agent and is— (i) (ii) for information that could be sought by the defendant under the Criminal Disclosure Act 2008; or for information that could be sought by the defendant under that Act and that has been disclosed to, or withheld from, the defend- ant under that Act; or 48 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 4 cl 61 (i) the request is frivolous or vexatious, or the information requested is triv- ial.
Compare: 1993 No 28 ss 27(1)(c), 29(1)(a), (f)–(j) (f), (h)–(j), (2) 58 (1) (2) Agency may impose conditions instead of refusing access to personal information This section applies if an agency has good reason under any of sections 52 to 57 to refuse access to any personal information requested.
Instead of refusing access to the personal information requested, the agency may grant access to the information, but may impose conditions relating to either or both of the following: (a) (b) the requestor’s use of the information: the requestor’s disclosure of the information to any other person.
61 Withholding personal information contained in document (1) If the personal information requested is contained in a document and there is good reason under any of sections 52 to 57 for withholding some of that information, the agency may decide to grant the requestor access to a copy of that document under section 50(2)(c)(i) with any deletions or alterations in respect of the information that could be withheld that it considers necessary.
(2) If information is withheld under subsection (1), the agency must inform the requestor of— (a) (b) the reason for the decision to withhold the information; and the requestor’s right to make a complaint to the Commissioner in respect of that decision.
(3) The agency must also disclose to the requestor the grounds in support of the reason for the decision to withhold the information if— (a) (b) the reason is that set out in section 53(1)(a); or the reason is not that set out in section 53(1)(a), but the requestor has requested disclosure of the grounds.
(4) However,— (a) (b) (c) subsection (3)(a) does not apply if disclosing the grounds would prejudice the interests protected by section 53(1)(a): subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by any of sections 52, 54, and 57: subsection (3)(b) does not apply if disclosing the grounds would prejudice the interests protected by section 55 and the withholding of those grounds is not outweighed by other considerations that make it desirable, in the public interest, to disclose them.
Compare: 1993 No 28 s 43 34—2/SOP No 482 49 Part 4 cl 62 Proposed amendments to Privacy Bill 62 Ways personal information in document may be made available (1) If the personal information requested by an individual is in a document, that information may be made available in 1 or more of the following ways: (a) (b) (c) (d) by giving the requestor a reasonable opportunity to inspect the docu- ment; or by providing the requestor with a hard copy or an electronic copy of the document; or in the case of a document that is an article or a thing from which sounds or visual images are capable of being reproduced, by making arrange- ments for the requestor to hear or view the sounds or visual images; or in the case of a document by which words are recorded in a manner in which they are capable of being reproduced in the form of sound or in which words are contained in the form of shorthand writing or in codi- fied form, by providing the requestor with a written transcript of the words recorded or contained in the document; or (e) by giving an giving, in any manner, an excerpt or a summary of the doc- ument’s contents; or (f) by giving oral information about the document’s contents.
(2) Subject to section 61, the agency must make the information available in the way preferred by the requestor unless to do so would— (a) (b) impair the efficient administration of the agency; or be contrary to any legal duty of the agency in respect of the document.

; or (c) prejudice an interest protected by any of sections 52 to 57.
(3) If the information is not provided in the way preferred by the requestor, the agency must give to the requestor— (a) (b) the reason for not providing the information in that way; and if the requestor so requests, the grounds in support of that reason.

(4) However, subsection (3)(b) does not apply if disclosing the grounds would prejudice an interest protected by any of sections 52 to 57.
Compare: 1993 No 28 s 42 63 Responsibilities of agency before giving access to personal information If an agency receives a request to access personal information, the agency— (a) may give access to the information only if the agency is satisfied of the identity of the requestor; and (ab) must not give access to the information if the agency has reasonable grounds to believe that the request is made under duress the threat of physical or mental harm; or and 50 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 4 cl 67 (b) must ensure, by the adoption of appropriate procedures, that any infor- mation intended for a requestor is received— (i) (ii) only by that requestor; or if the request is made by a requestor as agent for the representa- tive of an individual, only by the requestor or the individual; and (c) must ensure that, if the request is made by a requestor as agent for an individual, the requestor has the written authority of the individual to obtain the information, or is otherwise properly authorised by the indi- vidual to obtain the information.
Compare: 1993 No 28 s 45 Subpart 2—Correction of personal information Interpretation In this subpart and subpart 3, correction request means— (a) a request made under IPP 7(1) to correct personal information; or a request made under IPP 7(2A)(b) to attach a statement of correction to personal information.

(b) 64 (1) (2) In this subpart, requestor, in relation to a correction request, means the indi- vidual who made the request.
65 Individuals may make correction requests A correction request may be made only by the individual concerned or the indi- vidual’s representative.

Compare: 1993 No 28 s 34 66 Urgency (1) A requestor may ask that a correction request be treated as urgent (an urgent correction request).

(2) A requestor making an urgent correction request must state the reason why the request should be treated as urgent.
(3) On receiving an urgent correction request, an agency must consider the request and the reason stated for its urgency when determining the priority to be given to responding to it.

Compare: 1993 No 28 s 37 67 Assistance An agency must give reasonable assistance to an individual who— (a) (b) wishes to make a correction request; or is making a correction request.
Compare: 1993 No 28 s 38 34—2/SOP No 482 51 Part 4 cl 68 Proposed amendments to Privacy Bill 68 (1) (2) Transfer of correction request This section applies if an agency that receives a correction request— (a) (b) does not hold the information to which the request relates, but believes that the information is held by another agency; or believes that the information to which the request relates is more closely connected with the functions or activities of another agency.
The agency must promptly, and in any case not later than 10 working days after the day on which the correction request is received, transfer the request to the other agency and inform the individual who made the request requestor accord- ingly.

(3) However, subsection (2) does not apply if the agency has good cause to believe that the requestor does not want the request transferred to another agency.
(4) If, in reliance on subsection (3), the agency does not transfer the request, the agency must promptly, and in any case not later than 10 working days after the day on which the correction request was received, inform the requestor— (a) (b) that this section applies in respect of the request; and that, in reliance on subsection (3), the request has not been transferred; and (c) which agency the request could be transferred to.
Compare: 1993 No 28 s 39 69 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 receiving the request, an agency must— (a) (b) decide whether to grant the request; and notify the requestor that— (i) the agency has corrected, or will correct, the personal information; or (ii) the agency will not correct the personal information.
(2) A notice under subsection (1)(b)(i) must inform the requestor of the action the agency has taken, or will take, to correct the information.
(3) A notice under subsection (1)(b)(ii) must inform the requestor of— (a) (b) the reason for the agency’s refusal to correct the information; and the requestor’s entitlement to provide a statement of the correction sought and to request that it be attached to the information (if the reques- tor has not done so already); and 52 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 4 cl 71 (c) the requestor’s right to make a complaint to the Commissioner in respect of the agency’s refusal to correct the information.
Compare: 1993 No 28 ss 6 (IPP 7(2)), 40(1) 70 Decision on request to attach statement of correction (1) As soon as is reasonably practicable after receiving a request under IPP 7(2A)(b), an agency must— (a) decide whether to grant the request; and (b) notify the requestor that— (i) (ii) the agency has attached the statement of correction to the informa- tion; or the agency has not attached the statement of correction to the information.
(2) A notice under subsection (1)(b)(i) must inform the requestor of the action the agency has taken to attach the statement of correction to the information.

(3) A notice under subsection (1)(b)(ii) must inform the requestor of the reques- tor’s right to make a complaint to the Commissioner in respect of the agency’s refusal to attach a statement of correction to the information.
Compare: 1993 No 28 ss 6 (IPP 7(3)), 40 71 Extension of time limits (1) On receiving a correction request, an agency may extend the time limit set out in section 68 or 69 in respect of the request if— (a) the request necessitates a search through a large quantity of information, and meeting the original time limit would unreasonably interfere with the operations of the agency; or (b) (c) consultations necessary to make a decision on the request are such that a response to the request cannot reasonably be given within the original time limit; or the processing of the request raises issues of such complexity that a response to the request cannot reasonably be given within the original time limit.
(2) Any extension under subsection (1) must be for a reasonable period of time, having regard to the circumstances.

(3) The extension is effected by giving notice of the extension to the requestor within 20 working days after the day on which the request is received.
(4) The notice effecting the extension must— (a) (b) specify the period of the extension; and give the reasons for the extension; and 34—2/SOP No 482 53 Part 4 cl 72 Proposed amendments to Privacy Bill (c) state that the requestor has the right to make a complaint to the Commis- sioner about the extension; and (d) contain any other information that may be necessary.
Compare: 1993 No 28 s 41 Subpart 3—Charges 72 (1) Charges In relation to an IPP 6 request,— (a) a public sector agency may, if authorised under section 73, impose a charge for making information available in compliance, in whole or in part, with the request: (b) a private sector agency may, subject to the provisions of any applicable code of practice, impose a charge for— (i) providing assistance under section 47, but only if the agency makes information available in compliance, in whole or in part, with the request: (ii) making information available in compliance, in whole or in part, with the request.
(2) In relation to a correction request,— (a) (b) a public sector agency may, if authorised under section 73, impose a charge for attaching a statement of correction to personal information: a private sector agency may, subject to the provisions of any applicable code of practice, impose a charge for— (i) (ii) providing assistance under section 67: attaching a statement of correction to personal information.
(3) Except as provided in subsections (1) and (2), no public sector agency or private sector agency may impose any charge in relation to an IPP 6 request or a correction request.
(4) A charge imposed under subsection (1)(a), (1)(b)(ii), (1) or (2) must be reasonable and, in the case of a charge imposed under subsection (1)(a) or (b)(ii), regard may be had to— (a) the cost of the labour and materials involved in making the information available; and (b) any costs involved in making the information available urgently (in the case of an urgent IPP 6 request received under section 46).

(5) An agency may require all or part of a charge to be paid in advance.
Compare: 1993 No 28 ss 35, 40(2) 54 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 74 73 (1) (3) (4) Commissioner may authorise public sector agency to impose charge The Commissioner may authorise a public sector agency to impose a charge under section 72(1)(a) or (2)(a) if the Commissioner is satisfied that the public sector agency will be commercially disadvantaged in comparison with any competitor in the private sector if it were not able to impose a charge.
The Commissioner may impose any conditions on an authorisation that the Commissioner considers appropriate.

The Commissioner may, at any time, revoke an authorisation, but only after giving the agency an opportunity to be heard.
Compare: 1993 No 28 s 36 Part 5 Complaints, investigations, and proceedings 74 Interpretation In this Part, unless the context otherwise requires,— access direction means an access direction made by the Commissioner under section 96(5)(a) 96A action has the meaning given to it in section 6, and includes a decision aggrieved individual means an individual whose privacy is the subject of— (a) (b) (c) a complaint under subpart 1; or an investigation under subpart 2; or a proceeding under subpart 3 approved information sharing agreement has the meaning given to it in sec- tion 138 complainant, in relation to a complaint, means the person who made the com- plaint information matching agreement means an agreement entered into under section 178 parties,— (a) in relation to an investigation conducted by the Commissioner on receiv- ing a complaint under section 78(1), means— (i) the complainant whose complaint is the subject of the investiga- tion; and (ia) the aggrieved individual, if the complaint is made on behalf of that aggrieved individual (and no other aggrieved individual); and (iii) the respondent: (b) in relation to an investigation conducted by the Commissioner on the Commissioner’s own initiative, means— 34—2/SOP No 482 55 Part 5 cl 75 Proposed amendments to Privacy Bill (i) (ii) the aggrieved individual or aggrieved individuals (if known); and the respondent representative, in relation to an aggrieved individual, means any person law- fully acting on behalf of the aggrieved individual respondent means an agency whose action is the subject of an investigation under subpart 2.
Compare: 75 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).
(2) An action of an agency is an interference with the privacy of an individual if the action breaches,— (a) in relation to the individual,— (i) (ii) (iii) (iv) 1 or more of the IPPs; or the provisions of an approved information sharing agreement; or the provisions of an information matching agreement or section 179 or 181; or section 119 (which requires an agency to give notice to affected individuals or the public of a notifiable privacy breach); and (b) the action— (i) (ii) (iii) has caused, or may cause, loss, detriment, damage, or injury to the individual; or has adversely affected, or may adversely affect, the rights, bene- fits, privileges, obligations, or interests of the individual; or has resulted in, or may result in, significant humiliation, signifi- cant loss of dignity, or significant injury to the feelings of the indi- vidual.
(3) An action of an agency is an interference with the privacy of an individual if, in relation to a request made by an individual under IPP 6 or 7, the agency has, without proper basis, made— (a) (b) (c) a decision to refuse a request under IPP 6; or a decision to refuse a request under IPP 7; or any other decision under Part 4 in relation to the request.
For the purpose of subsection (3)(a), the following must be treated as a deci- sion by an agency to refuse a request under IPP 6: (a) a failure to comply with the time limits in Part 4 for responding to the request: (b) undue delay in making information available after granting the request.
34—2/SOP No 482 (4) 56 Proposed amendments to Privacy Bill Part 5 cl 79 (5) For the purpose of subsection (3)(b), the following must be treated as a deci- sion by an agency to refuse a request under IPP 7: (a) a failure to comply with the time limits in Part 4 for responding to the request: (b) (c) undue delay in correcting information after granting the request: undue delay in attaching a statement of correction after granting the request.
Compare: 1993 No 28 s 66 Subpart 1—Complaints 76 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 together with 1 or more other complaints.

77 Who may make complaint (1) A complaint may be made by— (a) an aggrieved individual; or (ab) a representative of the aggrieved individual; or (b) a representative of 2 or more aggrieved individuals.
(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) 78 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 wishing to make a complaint to the Commissioner requires assist- ance to put the complaint in writing, the Commissioner must give that person any assistance that is reasonably necessary in the circumstances.
Compare: 1993 No 28 ss 67(2), 68 79 Procedure on receipt of complaint (1) As soon as practicable after receiving a complaint, the Commissioner must consider the complaint and— (a) (c) decide, in accordance with section 80, not to investigate the complaint; or decide, in accordance with section 82, to refer the complaint to another person; or 34—2/SOP No 482 57 Part 5 cl 80 Proposed amendments to Privacy Bill (d) (e) decide, in accordance with section 83, to refer the complaint, or part of the complaint, to an overseas privacy enforcement authority; or decide, in accordance with section 84, to explore the possibility of securing a settlement between the aggrieved individual complainant and the agency whose action is the subject of the complaint; or (f) decide to investigate the complaint in accordance with subpart 2.
(2) As soon as practicable after making a decision under subsection (1), the Commissioner must— (a) advise the complainant of that decision; and (b) advise the complainant of the reasons for the decision, if the decision is made under subsection (1)(a) or (c).
Compare: 1993 No 28 ss 70, 71(3), 72(3), 72A(3), 72B(3), 72C(3) 80 (1) Commissioner may decide not to investigate complaint The Commissioner may decide not to investigate a complaint if, in the Com- missioner’s opinion,— (a) (b) (c) (d) (e) (f) (g) (h) the complainant or the aggrieved individual (not being the complainant) has not made reasonable efforts to resolve the complaint directly with the agency concerned; or there is an alternative dispute resolution process available to resolve the complaint because of the agency’s membership of a particular profession or industry; or there is an adequate remedy or right of appeal, other than the right to petition the House of Representatives or to make a complaint to an Ombudsman, that it would be reasonable for the aggrieved individual complainant to pursue; or the complaint relates to a matter in respect of which a code of practice has been issued that includes a complaints procedure, and the complai- nant has not taken reasonable steps to pursue, or fully pursue, the redress available under that procedure; or the aggrieved individual or aggrieved individuals knew about the action that is the subject of the complaint for 12 months or more before making the complaint was made; or the time that has elapsed between the date on which the subject of the complaint arose and the date on which the complaint was made is such that an investigation of the complaint is no longer practicable or desira- ble; or the aggrieved individual does or aggrieved individuals do not want the complaint pursued; or the complainant does not have a sufficient personal interest in the subject of the complaint; or 58 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 83 (i) (j) the subject of the complaint is trivial; or the complaint is frivolous, vexatious, or not made in good faith.
(2) Despite anything in subsection (1), the Commissioner may, in the Commis- sioner’s discretion, decide not to investigate a complaint if it appears to the Commissioner that, having regard to all the circumstances of the case, an investigation is unnecessary.
Compare: 1975 No 9 s 17(1)(f)(i); 1993 No 28 s 71(1); 1975 No 9 s 17(1)(f)(i) 82 (1) Referral of complaint to another person 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 more properly within the jurisdiction of any of the following persons: (a) (b) (c) (d) an Ombudsman: the Health and Disability Commissioner: the Inspector-General of Intelligence and Security: the Independent Police Conduct Authority.
(2) The Commissioner must— (a) consult the person specified in subsection (1) who the Commissioner considers has jurisdiction to deal with the complaint; and (b) decide the appropriate means of dealing with the complaint.

If the Commissioner decides that the complaint should be dealt with, in whole or in part, by a person specified in subsection (1), the Commissioner must, as soon as practicable, refer the complaint, or the appropriate part of the com- plaint, to that person.
Compare: 1993 No 28 ss 72, 72A, 72B Referral of complaint to overseas privacy enforcement authority This section applies if, on receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of an overseas privacy enforcement authority.
(3) 83 (1) (2) As soon as practicable, the Commissioner may— (a) consult the overseas privacy enforcement authority and the complainant; and (b) decide the appropriate means of dealing with the complaint.

(3) If the Commissioner decides that the complaint should be dealt with, in whole or in part, by the overseas privacy enforcement authority and both the authority and the complainant agree, the Commissioner may refer the complaint, or the appropriate part of the complaint, to the authority.
Compare: 1993 No 28 s 72C 34—2/SOP No 482 59 Part 5 cl 84 Proposed amendments to Privacy Bill 84 Exploring possibility of settlement and assurance before without investigating complaint (1) At any time after receiving a complaint and before without commencing an investigation, the Commissioner may decide to use best endeavours to— (a) (b) secure a settlement of the complaint; and if appropriate, secure a satisfactory assurance from the agency whose action is the subject of the complaint that there will not be a repetition of the action that gave rise to the complaint, or of any similar kind of action.
(2) If the Commissioner is unable to secure a settlement or a satisfactory assur- ance, the Commissioner may— (a) decide not to investigate the complaint if the Commissioner— (i) (ii) is satisfied of any of the matters set out in section 80; or considers that any further action is unnecessary or inappropriate; or (b) decide to investigate the complaint under subpart 2.

(3) As soon as practicable after making a decision under subsection (2), the Commissioner must notify the complainant of the decision.
Compare: 1993 No 28 s74 84A Referral of complaint to Director without conducting investigation The Commissioner may refer a complaint to the Director without conducting an investigation if— (a) (b) (c) the Commissioner is unable to secure a settlement or a satisfactory assur- ance under section 84; or it appears that a term of settlement previously secured between the agency and the aggrieved individual or aggrieved individuals has not been complied with; or it appears that the action that is the subject of the complaint was done in contravention of any term of settlement or an assurance previously secured under this Act or the Privacy Act 1993.
Compare: 1993 No 28 s 77(2)(a), (c) Subpart 2—Investigations by Commissioner 85 Application of this subpart This subpart applies to investigations conducted by the Commissioner— (a) (b) into complaints received under section 78(1); or on the Commissioner’s own initiative, into any matter in respect of which a complaint may be made under this Act.
60 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 89A 86 Commencing investigation (1) As the first step of an investigation, the Commissioner must notify the respond- ent that the Commissioner is commencing an investigation.

(2) A notice given under subsection (1) must set out— (a) the details of— (i) (ii) the complaint; or the subject of the investigation; and (b) the right to provide, within a reasonable time, a written response to the Commissioner.
Compare: 1993 No 28 s 73 Conducting investigation The Commissioner must conduct an investigation in a timely manner.

88 (1) (2) During an investigation, the Commissioner may— (a) hear and obtain information from any person; and (b) make any inquiries.
(3) At any time during an investigation, the Commissioner may decide to take no further action on a complaint or matter if the Commissioner— (a) (b) is satisfied of any of the matters set out in section 80; or considers that any further action is unnecessary or inappropriate.

(4) As soon as practicable after making a decision under subsection (3), the Commissioner must notify the parties of— (a) (b) that decision; and the reason for that decision.
(5) It is not necessary for the Commissioner to hold a hearing, and no person is entitled as of right to be heard by the Commissioner.

(6) Any investigation held by the Commissioner must be conducted in private.

Compare: 1993 No 28 ss 71(2), 75, 90(1), (2) 89 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 any regulations made under section 213(1)(a).
Compare: 1993 No 28 s 90(3) 89A 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 settlement of the complaint; and 34—2/SOP No 482 61 Part 5 cl 89B (b) Proposed amendments to Privacy Bill if appropriate, secure a satisfactory assurance from the agency whose action is the subject of the complaint that there will not be a repetition of the action that gave rise to the complaint, or of any similar kind of action.
(2) At any time during an investigation being conducted on the Commissioner’s own initiative, the Commissioner may decide to use best endeavours to secure a satisfactory assurance from the respondent that there will not be a repetition of the action that gave rise to the investigation, or of a similar kind of action.
Compare: 1993 No 28 s74 89B 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 conducting any further investigation if— (a) (b) (c) the Commissioner is unable to secure a settlement or a satisfactory assur- ance under section 89A; or it appears that a term of settlement previously secured between the agency and the aggrieved individual or aggrieved individuals has not been complied with; or it appears that the action that is the subject of the complaint or that gave rise to the investigation was done in contravention of any term of settle- ment or an assurance previously secured under this Act or the Privacy Act 1993.
Compare: 1993 No 28 s 77(2) 90 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 requesting their attendance at a speci- fied time and place; or (b) by any other means agreed by the parties.
(2) The objectives of a conference are— (a) (b) to identify the matters in issue; and to try to obtain agreement between the parties on the resolution of those matters in order to settle the complaint.

If a person fails to comply with a request under subsection (1) to attend a conference, the Commissioner may issue a summons requiring the person to attend a conference at a time and place specified in the summons.
Section 159 of the Criminal Procedure Act 2011 applies to a summons under this section as if it were a witness summons issued under that section.

Compare: 1993 No 28 s 76 34—2/SOP No 482 (3) (4) 62 Proposed amendments to Privacy Bill Part 5 cl 92 91 (1) (2) Power to summon persons The Commissioner may summon and examine on oath any person who the Commissioner considers is able to give information relevant to an investiga- tion, and may for that purpose administer an oath to the person.
Every examination by the Commissioner under subsection (1) is to be treated as a judicial proceeding within the meaning of section 108 of the Crimes Act 1961 (which relates to perjury).
(3) A person who is summoned by the Commissioner under this section is entitled to the same fees, allowances, and expenses as if the person were a witness in a court, and— (a) (b) the provisions of any regulations prescribing the fees, allowances, and expenses payable to persons giving evidence under the Criminal Proced- ure Act 2011 apply; and the Commissioner has the powers of a court under those regulations to fix or disallow, in whole or in part, or to increase, any amounts payable under the regulations.
Compare: 1993 No 28 s 91(1)–(3), (5) 92 Power to require information and documents (1) At any time during an investigation, the Commissioner may, by notice, require any person to provide— (a) (b) any information in the person’s possession, or under the person’s control, that the Commissioner considers may be relevant to the investigation: any documents or things in the person’s possession, or under the per- son’s control, that the Commissioner considers may be relevant to the investigation.
(2) A person who receives a notice under subsection (1) must comply with that notice as soon as practicable, but in no case later than— (a) (b) the date specified in the notice; or if no date is specified in the notice, the 20th working day after the date of receipt of the notice.
(3) However, a person may request an extension of the time limit for complying with a notice received under subsection (1) if— (a) the requirement in the notice relates to, or necessitates a search through, a large quantity of information, documents, or things, and meeting the original time limit would unreasonably interfere with the operations of the agency; or (b) the consultations necessary before the requirement in the notice can be complied with are such that meeting the original time limit is unreasona- ble; or 34—2/SOP No 482 63 Part 5 cl 93 Proposed amendments to Privacy Bill (c) the complexity of the issues raised by the requirement in the notice is such that meeting the original time limit is unreasonable.
(4) A request under subsection (3) must be made to the Commissioner before the expiry of the date in subsection (2)(b) and specify— (a) the period of the extension sought; and (b) (c) the reasons for the extension; and any other relevant information.

(5) The Commissioner must grant a request made under subsection (3) if satis- fied that any of the grounds specified in that subsection are established.
Compare: 1993 No 28 ss 91(4), 92(1), (2), 93 93 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 matter may be required to do the following even though compliance with that requirement would be in breach of the obli- gation of secrecy or non-disclosure: (a) (b) give evidence to, or answer questions put by, the Commissioner: provide information, documents, or things to the Commissioner.
(2) Compliance with a requirement of this kind is not a breach of the relevant obli- gation of secrecy or non-disclosure or of the enactment by which that obliga- tion is imposed.
(3) However, the Commissioner may not require information, documents, or things to be provided if— (a) the Prime Minister certifies that the giving of any information, docu- ment, or thing might prejudice— (i) (ii) the security or defence of New Zealand, or the international rela- tions of the Government of New Zealand; or any interest protected by section 7 of the Official Information Act 1982 (which relates to the Cook Islands, Niue, Tokelau, and the Ross Dependency); or (b) the Attorney-General certifies that the giving of any information, docu- ment, or thing— (i) might prejudice the prevention, investigation, or detection of offences; or (ii) might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confiden- tial nature, and the disclosure would be injurious to the public interest.
(4) 64 This section is subject to section 94.

Compare: 1993 No 28 s 95 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 94 94 (1) Protection and privileges of persons required to provide information, etc Every person has the same privileges as witnesses have in a court of law in relation to— (a) (b) giving evidence to, or answering questions put by, the Commissioner: providing information, documents, or things to the Commissioner.
(2) However, if the Commissioner issues a notice under section 92 in relation to a particular complaint under IPP 6 and the person who receives the notice claims privilege over any information, document, or thing, that person must nevertheless provide the information, document, or thing that is the subject of the complaint to the Commissioner for the purpose of the Commissioner deter- mining whether it is properly withheld from the aggrieved individual.
(3) When any information, document, or thing is provided under subsection (2), the Commissioner must not— (a) (b) (c) use the information, document, or thing other than for the purpose speci- fied in subsection (2); or take into account the information or any information in the document or thing in forming an opinion about the release of any other information; or give an opinion as to whether the claim of privilege is valid to any per- son other than— (i) (ii) (iii) (iv) (v) the complainant (if any): the an aggrieved person individual: the respondent: the Director: the Tribunal; or (d) release the information, document, or thing, or any information derived from the document or thing, to any person other than— (i) (ii) (iii) any lawyer engaged by the Commissioner for the purpose of pro- viding legal advice as to whether the information, document, or thing would be properly withheld under subsection (1); or the Director, if the Commissioner has given an opinion to the Director under paragraph (c)(iv); or the Tribunal, if the Commissioner is required to provide a report or information under section 114(1).
(4) Subsection (3)(c) does not prevent the Commissioner from giving, either generally or to a particular person, an opinion in a form that does not iden- tify— (a) (b) the person who provided the information, document, or thing; or a person who is the subject of the information, document, or thing.
34—2/SOP No 482 65 Part 5 cl 95 Proposed amendments to Privacy Bill (5) Subsection (3)(d) does not prevent the Commissioner from giving the infor- mation, document, or thing, or any information derived from the document or thing, to a person if— (a) (b) the person who provided the information, document, or thing consents; and the person who is the subject of the information, document, or thing con- sents.
(6) The privileges protected by this section do not include public interest immunity (see section 209).

(7) A person who complies with any requirement of the Commissioner under sec- tion 92 or 93 is not liable to prosecution for an offence against any enactment (other than section 212) in respect of that compliance.
Compare: 1993 No 28 s 94 95 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 Commis- sioner, is privileged in the same manner as if the investigation or hearing were proceedings in a court.
(2) The following persons may not be required to give evidence in any court, or in any proceedings of a judicial nature, in respect of anything coming to their knowledge in performing or exercising their functions, duties, or powers under this Act: (a) (b) the Commissioner, or any person who has held the appointment of Com- missioner: a person who is employed or engaged, or who has been employed or engaged, by the Commissioner: (c) the Director.
(3) Subsection (2) does not apply in respect of proceedings for— (a) an offence against section 78, 78AA(1), 78A(1), 105, 105A, or 105B of the Crimes Act 1961; or (b) (c) the offence of conspiring to commit an offence against any of the provi- sions listed in paragraph (a); or the offence of attempting to commit an offence against any of the provi- sions listed in paragraph (a).
(4) For the purposes of clause 3 of Part 2 of Schedule 1 of the Defamation Act 1992, any report of the Commissioner under this Act is taken to be an official report.
Compare: 1993 No 28 s 96 66 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 96 96 (1) Procedure after completion of investigation relating to access to personal information This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 1 of Part 4 that appears to be an inter- ference with the privacy of an individual.
(2) The Commissioner may,— (a) in the case of an investigation conducted on a complaint, make a deter- mination that the complaint— (i) (ii) has substance; or does not have substance; or (b) in the case of an investigation conducted on the Commissioner’s own initiative, make a determination that the matter that is the subject of the investigation— (i) (ii) should be proceeded with; or should not be proceeded with.
(3) (4) (5) If the Commissioner determines that a complaint has substance, the Commis- sioner must use best endeavours to secure a settlement of the complaint and an assurance of the kind specified in section 89A(1).

If the Commissioner determines that the matter that is the subject of an investi- gation should be proceeded with, the Commissioner must use best endeavours to secure an assurance of the kind specified in section 89A(2).
If the complaint or matter has not been resolved despite the Commissioner using best endeavours under subsection (3) or (4), the Commissioner may do 1 or more of the following: (a) make any access direction under section 96A that the Commissioner considers appropriate: (b) (c) refer the complaint or matter, as the case may be, to the Director: take any other action that the Commissioner considers appropriate.
(6) Without limiting subsection (5)(b), the Commissioner may refer the com- plaint or matter, as the case may be, to the Director if the action that is the sub- ject of the complaint or investigation was done in contravention of any term of settlement or assurance previously secured under this Act or the Privacy Act 1993.
(8) As soon as practicable, the Commissioner must give notice to the parties of— (a) (b) (c) any determination made, or not made, under subsection (2) and the reasons for making or not making that determination; and any access direction that is made referred to in subsection (5)(a) made under subsection (5)(a); and any referral made under subsection (5)(b) or (6); and 34—2/SOP No 482 67 Part 5 cl 96A Proposed amendments to Privacy Bill (d) any other action taken under subsection (5)(c).
96A Access direction (1) An access direction made under section 96(5)(a) 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) Without limiting subsection (1), the Commissioner may direct an agency to do any of the following before a specified date: (a) (b) confirm whether the agency holds any specified personal information: permit the individual access to any specified personal information: (c) make any specified information available to the individual in a particular way.
(3) The Commissioner may, at any time, on the request of the individual or on the Commissioner’s own initiative,— (a) (b) amend an access direction; or cancel an access direction.
97 (1) Procedure after completion of investigation relating to charging This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 3 of Part 4 that appears to be an inter- ference with the privacy of an individual because, in relation to a request made by the individual under subpart 1 or 2 of Part 4, the agency has imposed a charge that is— (a) (b) contrary to section 72; or unreasonable.
(2) If it has not been possible to secure a settlement, the Commissioner may make a determination that the charge imposed by the agency is— (a) (b) (c) (d) properly imposed: improperly imposed: reasonable: unreasonable.

(3) If the Commissioner makes a determination under subsection (2)(d), the Commissioner may also determine the appropriate charge for the agency to impose.
(4) As soon as practicable, the Commissioner must notify the parties to any deter- mination made, or not made, under subsection (2) or (3).

(5) A determination made by the Commissioner under subsection (2) is final and binding and no proceedings may be commenced in the Tribunal by the parties in respect of that determination.
68 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 99 (6) If the Commissioner makes a determination under subsection (3) and the agency does not agree to reduce the charge it has imposed to the amount deter- mined by the Commissioner to be appropriate (or less),— (a) the imposition of the charge is treated as an interference with the privacy of an individual for the purposes of section 75(3); and the Commissioner may take 1 or more of the actions specified in sec- tion 96(5).
Compare: 1993 No 28 ss 75, 78 (b) 99 Procedure after completion of other investigations (1) After the Commissioner has completed an investigation under this subpart, other than an investigation to which section 96 or 97 applies, the Commis- sioner may,— (a) in the case of an investigation conducted on receiving in respect of a complaint, make a determination that the complaint— (i) (ii) has substance; or does not have substance; or (b) in the case of an investigation conducted on the Commissioner’s own initiative, make a determination that the subject of the investigation— (i) (ii) should be proceeded with; or should not be proceeded with.
(2) (3) (4) If the Commissioner determines that a complaint has substance, the Commis- sioner must use best endeavours to secure a settlement of the complaint and an assurance of the kind specified in section 89A(1).

If the Commissioner determines that a matter that is the subject of an investiga- tion should be proceeded with, the Commissioner must use best endeavours to secure an assurance of the kind specified in section 89A(2).
If the complaint or matter has not been resolved despite the Commissioner using best endeavours, the Commissioner may do either or both of the follow- ing: (a) (b) refer the complaint or the matter, as the case may be, to the Director: take any other action the Commissioner considers appropriate.
(5) Without limiting subsection (4)(a), the Commissioner may refer the com- plaint or matter, as the case may be, to the Director if the action that is the sub- ject of the complaint or investigation was done in contravention of any term of settlement or assurance previously secured under this Act or the Privacy Act 1993.
(6) As soon as practicable, the Commissioner must notify the parties to the investi- gation of— (a) any determination made, or not made, under subsection (1); and 34—2/SOP No 482 69 Part 5 cl 100 Proposed amendments to Privacy Bill (b) (c) any referral made under subsection (4)(a); and any other action taken under subsection (4)(b).
Compare: 1993 No 28 ss 75, 77(1), (2) 100 Special procedure relating to intelligence and security agency (1) Nothing in section 90, 96, 97, or 99, or subpart 3 applies to— (a) (b) any complaint made under this Part in relation to an action of an intelli- gence and security agency; or any investigation conducted under this Part in relation to an action of an intelligence and security agency.
(2) If, after completing an investigation, the Commissioner is of the opinion that an action of an intelligence and security agency is an interference with the privacy of an individual, the Commissioner must provide to the intelligence and secur- ity agency a report setting out— (a) (b) that opinion; and the reasons for that opinion.

(3) A report provided under subsection (2) may include any recommendations that the Commissioner considers appropriate.
(4) When making a report under subsection (2), the Commissioner may request the intelligence and security agency to notify the Commissioner within a speci- fied time of any steps the agency proposes to take in response to the report and to any recommendations included in the report.
(5) If, within a reasonable time after any report is made, the intelligence and secur- ity agency has taken no steps in response to the report that the Commissioner considers to be adequate and appropriate, the Commissioner may send a copy of the report to the Prime Minister.

(6) As soon as practicable after receiving a report under subsection (5), the Prime Minister may present the report, or any part of the report, to the House of Representatives.
Compare: 1993 No 28 s 81 101 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 on the part of an agency, or an officer, an employee, or a member of an agency, the Commis- sioner must refer the matter to the appropriate authority.
Compare: 1993 No 28 s 80 70 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 103 Subpart 3—Proceedings before Human Rights Review Tribunal Proceedings in relation to complaints or investigations 102 Director may commence proceedings in Tribunal (1) (2) This section applies if a complaint or matter is referred by the Commissioner to the Director under section 84A, 89B, 96(5)(b), (6), or 99(4)(a) or (5).
The Director must— (a) decide whether to commence proceedings in the Tribunal in respect of the complaint or matter; and (b) give written notice to the following persons of that decision: (i) (ii) (iii) the complainant (if any); and the aggrieved individual (if known); and the agency whose action was the subject of the complaint or matter.

(3) Before commencing any proceedings in the Tribunal, the Director must give the agency an opportunity to be heard.
(4) The parties to proceedings commenced under this section are— (a) (b) the Director, as the plaintiff; and the agency, as the defendant.

(5) An aggrieved individual may join, or be joined in, the proceedings only if the Tribunal so orders.
(6) The Director may bring proceedings on behalf of a class of aggrieved individu- als, and may seek on behalf of the individuals who belong to the class any of the remedies described in section 107, if the Director considers that a respondent is carrying on a practice is acting or has acted in a way that affects or has affected that class and that is an interference with the privacy of an indi- vidual.
Compare: 1993 No 28 s 82 103 Aggrieved individual may individuals may commence proceedings in Tribunal (1) An aggrieved individual, or a representative of the aggrieved individual, may commence proceedings An aggrieved individual, a representative on behalf of an aggrieved individual, or a representative lawfully acting on behalf of a class of aggrieved individuals may commence proceedings in the Tribunal in respect of a complaint received by the Commissioner, or a matter investigated under subpart 2, in any case where— (aa) the Commissioner decides, under section 84(2)(a), not to investigate the complaint; or 34—2/SOP No 482 71 Part 5 cl 103 Proposed amendments to Privacy Bill (a) (b) (c) (d) (e) (ea) (h) (i) the Commissioner, having commenced an investigation, decides not to further investigate the complaint or matter; or the Commissioner does not make a determination under section 96(2), 97(2), or 99(1) in respect of the complaint or matter; or the Commissioner determines that the complaint does not have sub- stance, or that the matter should not be proceeded with; or the Commissioner determines that the complaint has substance, or the matter should be proceeded with, but does not refer the complaint or matter to the Director; or the Commissioner makes an access direction under section 96(5)(a) 96A, but the an aggrieved individual is not satisfied with the terms of the access direction; or the Commissioner makes an access direction under section 96A, but the aggrieved individual or aggrieved individuals seek 1 or more remed- ies under section 107 (whether or not the individual or individuals are satisfied with the terms of the access direction); or the Director decides not to commence proceedings in respect of the com- plaint or matter referred to the Director by the Commissioner; or the Director notifies the aggrieved individual or individuals that the Director agrees to the aggrieved individual or individuals commencing proceedings in respect of the complaint or matter referred to the Director by the Commissioner.
(1A) A person commencing proceedings under subsection (1)(aa) must do so within 6 months after the Commissioner has given notice to the complainant under section 84(3).

(2) A person commencing proceedings under subsection (1)(a) must do so within 6 months after receiving the notice given by the Commissioner has given notice to the parties under section 88(4).
(3) A person commencing proceedings under subsection (1)(b), (c), (d), or (e) must do so within 6 months after receiving the notice given by the Commis- sioner has given notice to the parties under section 96(8), 97(4), or 99(6).

(4) A person commencing proceedings under subsection 1(ea) must do so within 6 months after the expiry of the period specified in section 111 for lodging an appeal against the access direction.
(7) A person commencing proceedings under subsection (1)(h) must do so within 6 months after receiving the notice given by the Director has given notice of the Director’s decision under section 102(2)(b).

(8) A person commencing proceedings under subsection (1)(i) must do so within 6 months after receiving the notice given by the Director has given notice to the aggrieved individual or individuals under subsection (1)(i).
72 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 104 (8A) The Chairperson may agree to extend any period specified in subsections (1A) to (8) for commencing proceedings if, on an application made for the purpose by the person proposing to commence proceedings, the Chairperson is satisfied that exceptional circumstances prevented proceedings from being commenced within the specified period.
(9) The parties to proceedings commenced under this section are— (a) (b) the aggrieved individual, or the aggrieved individual’s representative, as the plaintiff; and the agency whose action was the subject of the Commissioner’s investi- gation, as the defendant.
Compare: 1993 No 28 s 83 104 Right of Director to appear in proceedings commenced under section 103 (1) The Director may appear and be heard in person or by a lawyer— (a) (b) in any proceedings commenced in the Tribunal under section 103; and in proceedings commenced in any court relating to the proceedings com- menced in the Tribunal under this Part.
(2) If the Director appears in any proceedings,— (a) the Director has the same rights as the parties to the proceedings to— (i) (ii) call evidence on any matter; and examine, cross-examine, and re-examine witnesses; and (b) the Tribunal or court may order— (i) (ii) any party to pay the costs incurred by the Director by reason of the Director’s appearance; or the Director to pay the costs incurred by any or all of the parties by reason of the Director’s appearance.
(3) If the Director declines to appear and be heard in any proceedings,— (a) (b) the Commissioner may instead appear and be heard in the proceedings; and subsection (2) applies to the Commissioner in the same way as it applies to the Director.

(4) Nothing in this section limits or affects— (a) (b) section 107(3) 115(1); or any power of a court to award costs in any proceedings to which the Director is a party.
Compare: 1993 No 28, s 86(1)–(3), (5), (6) 34—2/SOP No 482 73 Part 5 cl 105 Proposed amendments to Privacy Bill 105 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 is not admissible as evi- dence in any civil proceedings against the agency under this Part except as pro- vided in subsection (2).
(2) An agency may bring evidence of the apology for the purpose of the Tribunal’s assessing of remedies to be awarded against the agency.

106 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 defend- ant has the onus of proving that exception or exemption in any proceedings under this Part.
Compare: 1993 No 28 s 87 107 Remedies in respect of interference with privacy (1) (2) This section applies if proceedings are commenced in the Tribunal in respect of an action that is alleged to be an interference with the privacy of an individual.
If, in the proceedings, the Tribunal is satisfied on the balance of probabilities that any action of the defendant is an interference with the privacy of an 1 or more individuals, the Tribunal may grant 1 or more of the following remedies: (a) (b) (c) (d) a declaration that the action of the defendant is an interference with the privacy of an 1 or more individuals: an order restraining the defendant from continuing or repeating the inter- ference, or from engaging in, or causing or permitting others to engage in, conduct of the same kind as that constituting the interference, or con- duct of any similar kind specified in the order: damages in accordance with section 108: an order that the defendant perform any acts specified in the order with a view to remedying the interference, or redressing any loss or damage suffered by the aggrieved individual or aggrieved individuals as a result of the interference, or both: (e) any other relief that the Tribunal considers appropriate.
(3) It is not a defence to proceedings that the interference was unintentional or without negligence on the part of the defendant, but the Tribunal must take the conduct of the defendant into account in deciding what, if any, remedy to grant.
Compare: 1993 No 28 s 85(1), (4) 108 Damages (1) 74 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: 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 108 (a) (ab) (b) pecuniary loss suffered as a result of the transaction or activity out of which the interference arose: expenses reasonably incurred by the aggrieved individual for the pur- pose of the transaction or activity out of which the interference arose: loss of any benefit, whether or not of a monetary kind, that the aggrieved individual might reasonably have been expected to obtain but for the interference: (c) humiliation, loss of dignity, and injury to the feelings of the aggrieved individual.
(1A) If the proceedings are brought on behalf of more than 1 aggrieved individual, the Tribunal may award damages under subsection (1) to each aggrieved individual.

(2) (3) (4) (5) (6) (7) Subsection (1) is subject to subpart 1 of Part 2 of the Prisoners’ and Victims’ Claims Act 2005.

The Director must pay damages recovered under this section to the aggrieved individual on whose behalf the proceedings were brought.

Subsection (3) is subject to subsections (5) to (7).
If the aggrieved individual is a minor who is not married or not in a civil union, the Director may decide to pay the damages to Public Trust or to any person or trustee corporation acting as the manager of any property of the aggrieved indi- vidual.
If the aggrieved individual is a mentally disordered person within the meaning of section 2 of the Mental Health (Compulsory Assessment and Treatment) Act 1992 whose property is not being managed under the Protection of Personal and Property Rights Act 1988, the Director may decide to pay the damages to Public Trust.
If the aggrieved individual is a person whose property is being managed under the Protection of Personal and Property Rights Act 1988, the Director must ascertain whether the terms of the property order cover management of money received as damages and,— (a) (b) if damages fall within the terms of the property order, the Director must pay the damages to the person or trustee corporation acting as the prop- erty manager; or if damages do not fall within the terms of the property order, the Director may decide to pay the damages to Public Trust.
(8) If money is paid to Public Trust under subsection (5), (6), or (7),— (a) sections 103 to 110 of the Contract and Commercial Law Act 2017 apply in the case of a minor who is not married or not in a civil union; and 34—2/SOP No 482 75 Part 5 cl 109 Proposed amendments to Privacy Bill (b) (c) sections 108D, 108F, and 108G of the Protection of Personal and Prop- erty Rights Act 1988 apply, with any necessary modifications, in the case of a person referred to in subsection (6) or (7)(b); and section 108E of the Protection of Personal and Property Rights Act 1988 applies, with any necessary modifications, in the case of an individual referred to in subsection (7)(a).
Compare: 1993 No 28 s 88; 1994 No 88 s 57 Access order 109 Enforcement of access direction (1) (3) If an agency has not complied with an access direction, or lodged an appeal under section 110, an aggrieved individual may apply to the Tribunal for an access order requiring the agency to comply with the access direction.

If the Tribunal grants an application, the Tribunal must specify in the access order the date by which the agency must comply with the access direction.
(3A) An application under this section may be heard by the Chairperson sitting alone unless the Chairperson considers that, because of the issues involved, it would be more appropriate for the application to be heard by the Tribunal.

(4) An agency that, without reasonable excuse, fails to comply with an access order commits an offence and is liable on conviction to a fine not exceeding $10,000.
Appeal against access direction 110 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 parties to the investigation.

111 Time for lodging appeal (1) An appeal under section 110 must be lodged with the Tribunal within 20 working days from the date of the notice given to the parties under section 96(8) (the appeal period).
The Chairperson may accept an appeal lodged not later than 3 months after the appeal period if, on an application made for that purpose by the party lodging the appeal, the Chairperson is satisfied that exceptional circumstances preven- ted the appeal from being lodged within the appeal period.
(2) 112 (1) 76 Interim order suspending Commissioner’s direction pending appeal The Chairperson of the Tribunal may make an interim order suspending an access direction until an appeal is determined if the Chairperson is satisfied that it is necessary and in the interests of justice to make the order.
34—2/SOP No 482 Proposed amendments to Privacy Bill Part 5 cl 114A (2) If an interim order is made, a party may apply to the High Court to vary or rescind the order, unless the order was made with that party’s consent.

(3) An application under subsection (2) may be— (a) made only with the leave of the Chairperson: (b) made instead of, but not as well as, an appeal against the interim order under section 123(1) of the Human Rights Act 1993.
114 Determination of appeal (1) The Tribunal may require the Commissioner to provide either or both of the following: (a) (b) a written report setting out the considerations to which the Commis- sioner had regard in making the access direction: any information held by the Commissioner relating to the making of the access direction that is required to determine the appeal.
(2) At the hearing of an appeal (other than an appeal determined on the papers), the Commissioner is entitled to appear in person, or by a representative, and be heard.

(3) The Tribunal may determine an appeal by— (a) confirming the direction appealed against: (b) modifying the direction appealed against: (c) reversing the direction appealed against.

(4) The Tribunal may award damages in accordance with section 108.
Miscellaneous 114A Proceedings involving access to personal information (1) This section applies if— (a) (b) proceedings are commenced in the Tribunal under section 102 or 103 in respect of a complaint about a decision made by an agency under sub- part 1 of Part 4 to refuse access to personal information; or an appeal is lodged in the Tribunal under section 110 against an access direction directing an agency to provide access to personal information.
(2) During the proceedings the Tribunal may, for the purpose of determining whether the agency may properly refuse access to personal information, do either or both of the following: (a) (b) require the agency to produce the personal information to the members of the Tribunal, (but to no other person): allow the agency to give evidence and make submissions in the absence of— (i) other parties; and 34—2/SOP No 482 77 Part 5 cl 115 Proposed amendments to Privacy Bill (ii) (iii) all lawyers (if any) representing those other parties; and all members of the public.
(3) However, the Tribunal may only exercise the powers in subsection (2) if it is necessary to do so to avoid compromising the matters that the agency considers justify refusing access to the personal information.

115 Costs (1) (2) (3) In any proceedings under section 102, 103, 109, or 110, the Tribunal may award costs against either party whether or not it makes any other order.
If, in any proceedings before the Tribunal or a court, costs are ordered to be paid by the Director, those costs must be paid by the Commissioner.

The Commissioner is not entitled to be indemnified by the an aggrieved indi- vidual in respect of any costs the Commissioner is required to pay under sub- section (1) (2).
Compare: 1993 No 28 ss 85(2), (3), 86(4) 116 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 proceedings under sec- tion 102, 103, 109, or 110 of this Act as if they were proceedings under the Human Rights Act 1993.
(2) The provisions of the Human Rights Act 1993 referred to in subsection (1) are— (a) (b) (b) sections 92Q to 92W; and Part 4 (except sections 96, 97, 108A, and 108B).

Part 4, except— (i) (ii) sections 97, 108A, and 108B, in relation to proceedings com- menced under section 102, 103, or 109 of this Act; and sections 95, 96, 97, 108A, and 108B in relation to proceedings commenced under section 110 of this Act.
Compare: 1993 No 28 s 89 Part 6 Notifiable privacy breaches and compliance notices Subpart 1—Notifiable privacy breaches 117 (1) Interpretation In this subpart,— 78 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 6 cl 117 affected individual, in relation to personal information that is the subject of a privacy breach,— (a) means the individual to whom the information relates; and (b) (c) includes an individual inside or outside New Zealand; and despite the definition of individual in section 6(1), includes a deceased person— (i) (ii) if a sector-specific code of practice issued under section 35 spe- cifies that the code applies to information about deceased persons; and to the extent that the code of practice applies 1 or more IPPs to that information notifiable privacy breach— (a) means a privacy breach that it is reasonable to believe has caused serious harm to an affected individual or individuals or is likely to do so (see section 117A for factors that must be considered by an agency when assessing whether a privacy breach is likely to cause serious harm); but (b) does not include a privacy breach if the personal information that is the subject of the breach is held by an agency who is an individual and the information is held solely for the purposes of, or in connection with, the individual’s personal or domestic affairs privacy breach, in relation to personal information held by an agency,— (a) means— (i) (ii) unauthorised or accidental access to, or disclosure, alteration, loss, or destruction of, the personal information; or an action that prevents the agency from accessing the information on either a temporary or permanent basis; and (b) includes any of the things listed in paragraph (a)(i) or an action under paragraph (a)(ii), whether or not it— (i) was caused by a person inside or outside the agency; or (ii) (iii) is attributable in whole or in part to any action by the agency; or is ongoing.
(2) For the purposes of this subpart, the meanings of access, disclosure, and loss are not limited by the use of those words or the meanings ascribed to them elsewhere in this Act.
Compare: 1956 No 65 s 22B 34—2/SOP No 482 79 Part 6 cl 117A Proposed amendments to Privacy Bill 117A Assessment of likelihood of serious harm being caused by privacy breach When an agency is assessing whether a privacy breach is likely to cause ser- ious harm in order to decide whether the breach is a notifiable privacy breach, the agency must consider the following: (a) any action taken by the agency to reduce the risk of harm following the breach: (b) whether the personal information is sensitive in nature: (c) (d) (e) (f) the nature of the harm that may be caused to affected individuals: the person or body that has obtained or may obtain personal information as a result of the breach (if known): whether the personal information is protected by a security measure: any other relevant matters.
118 Agency to notify Commissioner of notifiable privacy breach An agency must notify the Commissioner as soon as practicable after becom- ing aware that a notifiable privacy breach has occurred.
119 Agency to notify affected individual or give public notice of notifiable privacy breach (2) (1) An agency must notify an affected individual as soon as practicable after becoming aware that a notifiable privacy breach has occurred, unless subsec- tion (2) or an exception in section 120 applies or a delay is permitted under section 120(3A).
If it is not reasonably practicable to notify an affected individual or each mem- ber of a group of affected individuals, the agency must instead give public notice of the privacy breach, unless an exception in section 120 applies or a delay is permitted under section 120(3A).

Public notice must be given— (3) (a) in a form in which no affected individual is identified; and (4) (b) in accordance with any regulations made under section 213(1)(a).
If subsection (2) or an exception in section 120 is relied on, the agency must notify the affected individual or individuals at a later time if— (a) (b) circumstances change so that subsection (2) or the exception no longer applies; and at that later time, there is or remains a risk that the privacy breach will cause serious harm to the affected individual or individuals.
(5) A failure to notify an affected individual or give public notice under this sec- tion may be an interference with privacy under this Act (see section 75(2)(a)(iv)).
80 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 6 cl 120 120 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 individual or give public notice of a notifiable privacy breach if the agency believes that the notification or notice would be likely to— (a) (b) (c) (d) prejudice the security or defence of New Zealand or the international relations of the Government of New Zealand; or prejudice the maintenance of the law by any public sector agency, including the prevention, investigation, and detection of offences, and the right to a fair trial; or endanger the safety of any person; or reveal a trade secret.
(2) An agency is not required to notify an affected individual or give public notice (relating to a particular individual) of a notifiable privacy breach— (a) (b) if the individual is under the age of 16 and the agency believes that the notification or notice would be contrary to that individual’s interests; or if, after consultation is undertaken by the agency with the individual’s health practitioner (where practicable), the agency believes that the noti- fication or notice would be likely to prejudice the health of the indi- vidual.
(3) If subsection (2) applies, the agency must— (a) consider whether it would be appropriate to notify a representative instead of the individual (if a representative is known or can be readily identified); and (b) (c) before deciding whether to notify a representative, take into account the circumstances of both the individual and the privacy breach; and if the agency decides it is appropriate to notify a representative and has identified a representative, notify that person.
(3A) An agency may delay notifying an affected individual (or a representative) or giving public notice of a notifiable privacy breach (but not delay notifying the Commissioner) only— (a) if the agency believes that a delay is necessary because notification or public notice may have risks for the security of personal information held by the agency and those risks outweigh the benefits of informing affected individuals; and (b) for a period during which those risks continue to outweigh those bene- fits.
(3B) An agency may rely on an exception, or delay in notifying affected individuals or giving public notice, under this section and, in relation to a delay, do so for the period referred to in subsection (3A)(b), only if the agency believes on 34—2/SOP No 482 81 Part 6 cl 121 Proposed amendments to Privacy Bill reasonable grounds that the exception applies, the ground for delay exists, or the circumstances referred to in subsection (3A)(b) (relating to the period of delay) continue to exist.
(4) In this section,— health practitioner has the meaning given to it in section 52(2) representative,— (a) (b) of an affected individual under the age of 16, means that individual’s parent or guardian: of an affected individual aged 16 or over, means an individual appearing to be lawfully acting on that individual’s behalf or in that individual’s interests.
Compare: 1956 No 65 s 22B; 1982 No 156 s 6 121 Requirements for notification (1) A notification to the Commissioner under section 118 must— (a) describe the notifiable privacy breach, including— (i) (ii) the number of affected individuals (if known); and the identity of any person or body that the agency suspects may be in possession of personal information as a result of the privacy breach (if known); and explain the steps that the agency has taken or intends to take in response to the privacy breach, including whether any affected individual has been or will be contacted; and if the agency is relying on section 119(2) to give public notice of the breach, set out the reasons for relying on that section; and if the agency is relying on an exception, or is delaying notifying an affected individual or giving public notice, under section 120, state the exception relied on and set out the reasons for relying on it or state the reasons why a delay is needed and the expected period of delay; and state the names or give a general description of any other agencies that the agency has contacted about the privacy breach and the reasons for having done so; and (b) (c) (d) (e) (f) give details of a contact person within the agency for inquiries.
(2) A notification to an affected individual under section 119 or a representative under section 120(3) must— (a) describe the notifiable privacy breach and state whether the agency has or has not identified any person or body that the agency suspects may be in possession of the affected individual’s personal information (but, except as provided in subsection (2A), must not include any particu- lars that could identify that person or body); and 82 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 6 cl 122AA (b) (c) (d) (e) explain the steps taken or intended to be taken by the agency in response to the privacy breach; and where practicable, set out the steps the affected individual may wish to take to mitigate or avoid potential loss or harm (if any); and confirm that the Commissioner has been notified under section 118; and state that the individual has the right to make a complaint to the Com- missioner; and (f) give details of a contact person within the agency for inquiries.
(2A) A notification to an affected individual or their representative may identify a person or body that has obtained or may obtain that affected individual’s per- sonal information (where the identity is known) if a serious threat exists to the life or health of the affected individual or any other person if the agency believes on reasonable grounds that identification is necessary to prevent or lessen a serious threat to the life or health of the affected individual or another individual.
(3) A notification to an affected individual must not include any particulars about any other affected individuals.

(4) In order to comply with the requirement under sections 118 and 119 that notification must be made as soon as practicable, an agency may provide the information required by this section incrementally.

However, any information that is available at any point in time must be provided as soon as practicable after that point in time.
122 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 118 commits an offence and is liable on conviction to a fine not exceeding $10,000.

(2) (3) It is not a defence to a charge under this section that the agency has taken steps to address the privacy breach.
It is a defence to a charge under this section that an the agency did not consider the privacy breach to be a notifiable privacy breach, but only if it was reason- able to do so in the circumstances.

(4) Despite section 211(1)(a), an employee does not commit an offence under this section if anything they do or omit to do results in their employer failing to notify the Commissioner under section 118.
122AA 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 agen- cies) does not apply to processes or proceedings under this Act relating to the obligations under section 118 or 119.
34—2/SOP No 482 83 Part 6 cl 122AB Proposed amendments to Privacy Bill 122AB 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 118 or 119.
(2) An employee or a member of an agency is not liable in those processes or pro- ceedings if anything done or omitted by them results in the employer or agency failing to notify the Commissioner or an affected person (or their representa- tive) or give public notice of a notifiable privacy breach.

(3) (4) For the purpose of those processes and proceedings, anything done or omitted by an employee or a member of an agency is to be treated as being done or omitted by the employer or agency.
For the purpose of those processes and proceedings, anything done or omitted by an agent of another agency is to be treated as being done or omitted by both the agent and the principal agency.

(5) However, the extent of liability of an agent is affected by whether they hold personal information that is the subject of a notifiable privacy breach.
See the definition of privacy breach in section 117 and see section 8, which applies and which provides that information held by an agent is to be treated as being held by the principal agency unless section 8(3) applies.

122A Liability of principals (1) This section applies to any process or proceeding under this Act relating to a failure to notify an affected person, or give public notice, of a notifiable pri- vacy breach under section 119.
(2) Anything relating to a notifiable privacy breach that is known by an agent is to be treated as being known by the principal agency.

(3) To avoid doubt, section 211(1)(b) also applies to cases to which this section applies.

122A 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 this Act relating to the obligations under section 118 or 119.
(2) Anything relating to a notifiable privacy breach that is known by an employee or a member of an agency is to be treated as being known by the employer or agency.

(3) Subsection (4) applies to processes and proceedings under this Act relating to the obligations under section 118 or 119 except a proceeding under sec- tion 122.

(4) Anything relating to a notifiable privacy breach that is known by an agent is to be treated as being known by the principal agency.
84 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 6 cl 125 123 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) (b) the agency consents to publication; or the Commissioner is satisfied that it is in the public interest to do so.
(2) This section does not prevent the publication of details of any notifiable pri- vacy breach in a form in which the agency or any affected individual is not identified and for the purpose of informing the public about the extent and nature of privacy breaches.
Subpart 2—Compliance notices 124 Compliance notices (1) The Commissioner may issue a compliance notice to an agency if the Commis- sioner considers that 1 or both more of the following may have occurred: (a) (b) a breach of this Act, including an action listed in section 75(2)(a): an action that is to be treated as a breach of an IPP or an interference with the privacy of an individual under another Act.
: (c) a breach of a code of practice issued under this Act or a code of conduct (or similar) issued under another Act (if a complaint about a breach of the code can be the subject of a complaint under Part 5 of this Act).

Before issuing a compliance notice, the Commissioner may, but is not required to,— (2) (a) (b) assess whether any person has suffered harm (for example, the types of harm listed in section 75(2)(b)): use other means under this Act or another Act for dealing with the breach.
(3) A compliance notice may be issued at any time, including concurrently with the use of any other means for dealing with the breach.

Example The Commissioner issues a compliance notice while dealing with the same breach as a complaint under Part 5.
125 Issuing compliance notice (1) The Commissioner must consider the following factors before issuing a com- pliance notice: (a) (b) (c) whether there is another means under this Act or another Act for dealing with the breach: the seriousness of the breach: the likelihood of a repeat of the breach: 34—2/SOP No 482 85 Part 6 cl 126 (d) (e) Proposed amendments to Privacy Bill the number of people who may be or are affected by the breach: whether the agency has been co-operative in all dealings with the Com- missioner: (f) the likely costs to the agency of complying with the notice.
(2) However, each of those factors need be considered only to the extent that— (a) (b) it is relevant in the Commissioner’s view: information about the factor is readily available to the Commissioner.
(3) Before issuing a compliance notice, the Commissioner must provide the agency concerned with a reasonable opportunity to comment on a written notice that— (a) (b) (c) (d) describes the breach, citing the relevant statutory provision or provi- sions; and summarises the conclusions reached about the factors in subsection (1) that have been considered by the Commissioner; and describes particular steps that the Commissioner considers need to be taken to remedy the breach (if any) and any conditions the Commis- sioner considers appropriate (if any); and states the date or dates by which the Commissioner proposes that the agency must remedy the breach and report to the Commissioner (if any).
(4) In each case, the Commissioner must determine the period of time that will give the agency a reasonable opportunity to comment, taking into account the circumstances of the case.

(5) For the purpose of this subpart,— breach means any of the things described in section 124(1)(a) and (b)to (c) remedy the breach means to comply with the relevant statutory provision or provisions.
126 Form of compliance notice (1) A compliance notice issued to an agency must— (a) (b) (c) (d) (e) state the name of the agency; and describe the breach, citing the relevant statutory provision or provisions; and require the agency to remedy the breach; and inform the agency of the right of appeal under section 131; and contain any other information required by any regulations made under section 213(1)(b).
(2) A compliance notice issued to an agency may— 86 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 6 cl 129 (a) (b) (c) (d) identify particular steps that the Commissioner considers need to be taken by the agency to remedy the breach: include conditions that the Commissioner considers are appropriate: state the date or dates by which the agency must— (i) (ii) remedy the breach; and report to the Commissioner on the steps taken to do so: include other information that the Commissioner considers would be useful.
Compare: 1993 No 28 s 114D 127 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 notice.

(2) The agency must do so as soon as practicable after receiving the compliance notice, and (if applicable) must remedy the breach by the date stated in the notice unless that date is varied or modified, or unless the notice is cancelled or suspended, under this subpart.
128 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) (b) (c) any of the information listed in section 126 needs to be added to or amended in the notice; or all or part of the notice has been complied with; or all or part of the notice is no longer needed.

(2) The Commissioner must give written notice to the agency concerned of a deci- sion under this section.
(3) The notice must inform the agency of the right to appeal under section 131.

(4) A variation or cancellation of a compliance notice takes effect on the first working day after the day on which the notice of the decision is given to the agency.
Compare: 1993 No 28 s 114E 129 Commissioner’s power to obtain information (1) (2) Before deciding whether to issue a compliance notice or to vary or cancel a compliance notice, the Commissioner may hear or obtain information from any person who the Commissioner considers may have relevant information.

Sections 91 to 95 apply as if the Commissioner were carrying out an investi- gation under Part 5.
34—2/SOP No 482 87 Part 6 cl 129A Proposed amendments to Privacy Bill (3) Except as provided for in sections 91 to 95, the Commissioner may regulate the Commissioner’s procedure as the Commissioner considers appropriate.
Compare: 1993 No 28 ss 90, 114C 129A Publication of details of compliance notice (1) The Commissioner must publish the following information: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 public interest: (a) (b) (c) the identity of an agency to whom or which a compliance notice has been issued: other details about the compliance notice or the breach that is the subject of the notice, that the Commissioner considers should be published: a statement or comment about the breach, that the Commissioner con- siders is appropriate in the circumstances.
(2) Publication of all or part of the listed information is not required if— (a) (b) an agency satisfies the Commissioner that publication of the information would result in undue hardship to the agency; and in the Commissioner’s view, that hardship outweighs the public interest in publication.
Proceedings 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 against a compliance notice; and (b) if— (i) (ii) the Commissioner has reason to believe that the agency has not remedied or will not remedy the breach (if applicable, by the date stated in the notice); or the agency has failed to report to the Commissioner on the steps taken to remedy the breach by the date stated in the notice.
(2) An agency may object to enforcement of a compliance notice only on the ground that the agency believes that the notice has been fully complied with.

(3) In proceedings under this section, the Tribunal— (a) must not examine or make any determination about the issuing or merits of a compliance notice: (b) may examine and make a determination about whether a compliance notice has been fully complied with: (c) may order a remedy under section 133(1)(a).
88 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 6 cl 132 (4) Proceedings under this section may be heard by the Chairperson sitting alone unless the Chairperson considers that, because of the issues involved, it would be more appropriate for the proceedings to be heard by the Tribunal.
Compare: 1988 No 110 s 45 131 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 Tri- bunal— (a) (b) against all or part of the notice; or against a decision by the Commissioner to vary or cancel the notice.

(2) An appeal must be lodged within 15 working days from the day on which the compliance notice is issued or the notice of the decision is given to the agency.
(3) (4) (5) The Tribunal may allow an appeal and order a remedy under section 133(1)(b) if it considers that— (a) the compliance notice or decision against which the appeal is brought is not in accordance with the law; or (b) to the extent that the compliance notice or decision involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised that discretion differently; or (c) the agency has fully complied with the compliance notice.
The Tribunal may review any determination of fact on which the compliance notice or decision was based.

The Tribunal must not cancel or modify a compliance notice for the reason that— (a) (b) the breach was unintentional or without negligence on the part of the agency; or the agency has taken steps to remedy the breach, unless there is no fur- ther reasonable step that the agency can take to do so.
Compare: 1993 No 28 s 114G 132 Interim order suspending compliance notice pending appeal (1) (2) The Chairperson may make an interim order suspending all or part of a compli- ance notice until an appeal is determined if satisfied that it is necessary and in the interests of justice to make the order.

If an interim order is made, a party may apply to the High Court to vary or rescind the order, unless the order was made with that party’s consent.
(3) An application under subsection (2) may be— (a) made only with the leave of the Tribunal: 34—2/SOP No 482 89 Part 6 cl 133 Proposed amendments to Privacy Bill (b) made instead of, but not as well as, an appeal against the interim order under section 123(1) of the Human Rights Act 1993.
Compare: 1993 No 82 ss 95, 96 133 Remedies, costs, and enforcement (1) The Tribunal may,— (a) in enforcement proceedings under section 130, grant 1 or both of the following remedies: (i) (ii) an order that the agency comply with a compliance notice by a date specified in the order (which may vary from the date origin- ally stated in the notice): an order that the agency perform any act specified in the order by a date specified in the order (for example, reporting to the Com- missioner on progress in complying with the compliance notice): (b) in an appeal under section 131, grant 1 or both of the following remed- ies: (i) an order that confirms, cancels, or modifies the compliance notice; or (ii) an order that confirms, overturns, or modifies the decision: (c) in either type of proceeding, award costs as the Tribunal considers appropriate.
(2) An award of costs may, on registration of a certified copy of the Tribunal’s decision, be enforced in the District Court as if it were an order of that court.

(3) An agency that, without reasonable excuse, fails to comply with an order under subsection (1)(a) or with a compliance notice that is confirmed or modified under subsection (1)(b)(i) commits an offence and is liable on conviction to a fine not exceeding $10,000.
Compare: 1993 No 28 s 85; 1993 No 82 s 121 134 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 under this subpart with any necessary modifications.

Compare: 1993 No 28 s 114H 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.
90 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 137 Part 7 Sharing, accessing, and matching personal information Subpart 1—Information sharing 136 Purpose of this subpart The purpose of this subpart is to authorise agencies to share personal informa- tion in accordance with an approved information sharing agreement to facilitate the provision of public services.
Compare: 1993 No 28 s 96A 137 Relationship between subpart 1 and other law relating to information disclosure (1) To avoid doubt, nothing in this subpart— (a) (b) limits the collection, use, or disclosure of personal information that is authorised or required by or under any enactment; or compels agencies to enter into an information sharing agreement if those agencies are already allowed to share personal information— (i) (ii) by or under any other enactment; or because an exemption from or a modification to 1 or more of the IPPs or any code of practice is not required to make the sharing of the information lawful.
(2) Without limiting subsection (1)(a),— (a) (b) this subpart does not limit section 22, 25, or 27; and this subpart and subparts 2 to 4 do not limit one another.

(2) This subpart and subparts 2 to 4 do not limit one another.
(3) An information sharing agreement may— (a) duplicate an information sharing provision by providing for an agency to share the same personal information specified in the information sharing provision— (i) (ii) with the same agencies specified in the information sharing provi- sion; and for the same purposes specified in the information sharing provi- sion; or (b) extend an information sharing provision that is not a restricted informa- tion sharing provision by providing for an agency to share the same per- sonal information specified in the information sharing provision— (i) with the same agencies specified in the information sharing provi- sion for a purpose not specified in the information sharing provi- sion; or 34—2/SOP No 482 91 Part 7 cl 138 Proposed amendments to Privacy Bill (ii) with an agency not specified in the information sharing provision for a purpose specified in the information sharing provision; or (iii) with an agency not specified in the information sharing provision and for a purpose not specified in the information sharing provi- sion; or (c) duplicate a restricted information sharing provision by providing for an agency to share the same personal information as specified in the restric- ted information sharing provision— (i) (ii) with the same agencies specified in the restricted information sharing provision; and for the same purposes specified in the restricted information shar- ing provision; or (d) extend in any manner specified in paragraph (b) a restricted informa- tion sharing provision, but only if— (i) (ii) the restricted information sharing provision is an information matching provision (as defined in section 177); or there is express statutory authorisation to do so.
(4) In subsection (3),— information sharing provision means a provision in any enactment other than this Act that authorises or requires the sharing of personal information by an agency with 1 or more other agencies for 1 or more specified purposes restricted information sharing provision means an information sharing pro- vision that expressly restricts the purposes for which the personal information may be shared to those purposes specified.
Compare: 1993 No 28 s 96B 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) (b) a public sector agency; or a New Zealand private sector agency approved information sharing agreement means an information sharing agreement approved by an Order in Council that is for the time being in force department has the meaning given to it in section 6 and also includes— (a) the New Zealand Police: (b) the New Zealand Transport Agency information sharing agreement or agreement means an agreement between or within agencies that enables the sharing of personal information (whether or 92 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 138 not the sharing also includes information that is not personal information) to facilitate the provision of a public service lead agency means a department, part of a public sector agency that is a department, or specified organisation that enters into an information sharing agreement and is designated as the lead agency in— (a) (b) the agreement; and the Order in Council approving the agreement local authority means a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987 New Zealand private sector agency has the meaning given to it in section 6(1) Order in Council, except in section 161, means an Order in Council made under section 145(1) organisation means— (a) (b) an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; and an organisation named in Schedule 1 of the Official Information Act 1982 overseas agency means an agency that is not a New Zealand agency private sector agency means a non-government agency public sector agency means a department, an organisation, or a local authority public service means a public function or duty that is conferred or imposed on a public sector agency— (a) (b) by or under law; or by a policy of the Government relevant
 Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for a lead agency sharing, in relation to any information referred to in an approved information sharing agreement, means all or any of the following activities if authorised by an approved information sharing agreement: (a) (b) (c) (d) (e) (f) collecting the information: storing the information: checking the information: using the information: disclosing the information: exchanging the information: 34—2/SOP No 482 93 Part 7 cl 139 Proposed amendments to Privacy Bill (g) if necessary, assigning a unique identifier to an individual specified organisation means any of the following organisations: (a) (b) (c) (d) (e) (f) the Accident Compensation Corporation: the Civil Aviation Authority of New Zealand: a district health board: the Earthquake Commission: Education New Zealand: Fire and Emergency New Zealand: (g) Housing New Zealand Corporation: (h) (i) the New Zealand Qualifications Authority: the Tertiary Education Commission: (j) WorkSafe New Zealand.
Compare: 1993 No 28 s 96C 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 of the agreement.

Compare: 1993 No 28 s 96D 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 accordance with the terms of the agreement.
Compare: 1993 No 28 s 96E 141 Parties to information sharing agreement (1) Two or more of the following agencies may enter into an information sharing agreement: (a) (b) (c) (d) a public sector agency: a New Zealand private sector agency: a part of a public sector agency: a part of a New Zealand private sector agency.

(1A) An agency of the kind specified in subsection (1) that enters into an informa- tion sharing agreement must be named as a party to the agreement.
(2) Subsection (1) is subject to subsections (3) and (4).

(3) An overseas agency may not enter into an information sharing agreement.

(4) At least 1 of the agencies that enters into an information sharing agreement must be— 94 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 142 (a) (b) (b) (c) (d) a public sector agency that is a department or specified organisation; or part of a public sector agency that is a department or specified organisa- tion.
part of a public sector agency that is a department; or a specified organisation; or part of a specified organisation.

Compare: 1993 No 28 s 96F 142 Agreement may apply to classes of agencies (1A) For the purposes of this section,— class of agencies excludes— (a) (b) a class of departments: a class of specified organisations member of a class of agencies excludes— (a) (b) (c) (d) a department: a specified organisation: a part of a department: a part of a specified organisation.
(1) An agency (A) may enter into an An information sharing agreement with a department or specified organisation that specifies a class of agencies to which the agreement may apply.

may specify 1 or more classes of agencies to which the agreement may apply.
(2) At any time after an agreement has been entered into, the lead agency may— (a) (b) agree to an agency (not being a department or specified organisation) that is a member of a class of agencies specified in the agreement becoming a party to the agreement; and name that agency as a party in a schedule to the agreement (the Sched- ule of Parties).
(3) If at any time an agency named in the Schedule of Parties no longer wishes to be a party to the agreement, the lead agency must, on the request of that agency, remove the agency’s name from the Schedule of Parties.

(4) A lead agency need not obtain the consent of any other party to the agreement before— (a) (b) naming an agency in the Schedule of Parties; or removing the name of an agency from the Schedule of Parties.
(4A) A lead agency must, after doing either of the things referred to in subsection (4), provide the other parties to the information sharing agreement (including the agency whose name has been added to, or removed from, the Schedule of 34—2/SOP No 482 95 Part 7 cl 143 Proposed amendments to Privacy Bill Parties) with a copy of the Schedule of Parties or amended Schedule of Parties, as the case may be.
(5) An agency that becomes a party to the agreement under subsection (2) may, but need not, share or participate in the sharing of any personal information with 1 or more other agencies in accordance with the terms of the agreement.

(6) Unless the context otherwise requires, every reference in this Part to a party to an information sharing agreement includes an agency that becomes a party to an agreement under subsection (2) or (3) named as a party in a Schedule of Parties.
Compare: 1993 No 28 s 96G 143 Lead agency (1) (2) If only 1 public sector agency that is a department or specified organisation enters into an information sharing agreement, it must be designated as the lead agency for the agreement.

If more than 1 public sector agency that is a department or specified organisa- tion enters into an information sharing agreement, the parties to the agreement may agree between themselves which of those public sector agencies is to be designated as the lead agency.
(1) In this section, specified agency means— (a) (b) (c) a public sector agency that is a department; or part of a public sector agency that is a department; or a specified organisation.

(2) (3) If only 1 specified agency is a party to an information sharing agreement, that agency must be designated as the lead agency for the agreement.
If 2 or more specified agencies are parties to an information sharing agreement, the parties to the agreement may agree between themselves which of the speci- fied agencies is to be designated as the lead agency.

Compare: 1993 No 28 s 96H 144 Form and content of information sharing agreement (1) An information sharing agreement must be in writing.
(2) An information sharing agreement must— (a) (b) (c) (d) specify with due particularity the purpose of the information sharing agreement: set out the information referred to in section 146: contain an overview of the operational details about the sharing of infor- mation under the agreement: specify the safeguards that will apply to protect the privacy of individu- als and ensure that any interference with their privacy is minimised: 96 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 145 (e) (f) if a party to the agreement is a New Zealand private sector agency, state which public sector agency will be responsible for dealing with com- plaints about an alleged interference with privacy if the New Zealand private sector agency is unable to be held to account accountable for those complaints: state that every party to the agreement must give any reasonable assist- ance that is necessary in the circumstances to allow the Commissioner or an individual who wishes to make a complaint about an interference with privacy to determine the agency against which the complaint should be made: (g) if entered into under section 142,— (i) designate an agency as the lead agency; and (ii) (iii) specify with due particularity the class of agencies to which the agreement may apply; and include a schedule that sufficiently identifies the agencies within that class that are parties to the agreement.
(3) An information sharing agreement may specify any other terms or conditions that the parties may agree to, including— (a) (b) the fees and charges that are payable under the agreement; and any other business processes relating to the sharing of information under the agreement.
Compare: 1993 No 28 s 96I 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 information sharing agreement.

(2) An Order in Council may grant an exemption from or modify the application of— (a) (b) 1 or more of the IPPs (except IPPs 6 and 7): any code of practice (except a code of practice that modifies IPPs 6 and 7).
(3) An Order in Council that, under subsection (2), grants an exemption from 1 or more of the IPPs or a code of practice may provide that the exemption is unconditional or is subject to any conditions that are prescribed in the Order in Council.
(4) An Order in Council that, under subsection (2), modifies the application of 1 or more of the IPPs or any code of practice may do so by prescribing standards that are more stringent or less stringent than the standards that are prescribed by the IPP or, as the case may be, the code of practice.
Compare: 1993 No 28 s 96J 34—2/SOP No 482 97 Part 7 cl 146 Proposed amendments to Privacy Bill 146 Requirements for Order in Council An Order in Council made under section 145(1) must— (a) state, if applicable,— (i) (ii) the nature of the exemption granted under section 145(2) and the conditions of the exemption (if any): how any IPPs or codes of practice will be modified under sec- tion 145(2): state the public service or public services the provision of which the information sharing agreement is intended to facilitate: specify with due particularity the personal information or the type of per- sonal information to be shared under the agreement: set out the parties, or classes of parties, to the agreement and designate one of the parties as the lead agency: (b) (c) (d) (e) for every party to the agreement,— (i) (ii) (iii) (iv) describe the personal information or type of personal information that the party may share with each of the other parties; and state how the party may use the personal information; and state the adverse actions that the party can reasonably be expected to take as a result of the sharing of personal information received under the agreement; and specify the procedure that the party must follow before taking adverse action against an individual as a result of the sharing of personal information received under the agreement if the require- ment in section 152(1) does not apply because of section 153(a)(ii): (f) for every class of agency to which the agreement may apply (if any),— (i) (ii) (iii) (iv) describe the personal information or type of personal information that a member of that class of agency that becomes a party to the agreement (a prospective party) may share with each of the other parties; and state how a prospective party may use the personal information; and state the adverse actions that a prospective party can reasonably be expected to take as a result of sharing personal information under the agreement; and specify the procedure that a prospective party must follow before taking adverse action against an individual as a result of sharing personal information under the agreement if the requirement in section 152(1) does not apply because of section 153(a)(ii): 98 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 149 (g) state the Internet site address where a copy of the agreement can be accessed.
Compare: 1993 No 28 s 96K 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 earlier than the date on which it is made).
(2) An Order in Council made under section 145(1) must insert into Schedule 3— (a) (b) (c) (d) a description of each of the following: (ii) (iii) the public service or the public services the provision of which the agreement is intended to facilitate: the personal information or type of personal information that may be shared between or within the agencies that are party to the agreement; and the name of the agreement; and the name of the lead agency for the agreement; and the Internet site address where a copy of the agreement can be accessed.
Compare: 1993 No 28 s 96L 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 presented to the House of Representatives under section 41 of that Act.
Compare: 1993 No 28 s 96M 149 Matters to which relevant Minister must have regard before recommending Order in Council (1) (2) Before recommending the making of an Order in Council under section 145(1), the relevant Minister must— (a) be satisfied of the matters set out in subsection (2); and have regard to any submissions made under section 150(1)(a) in rela- tion to the information sharing agreement that is proposed for approval by the Order in Council.
(b) The matters referred to in subsection (1)(a) are as follows: (a) that the information sharing agreement will facilitate the provision of a particular public service or particular public services: (b) that the type and quantity of personal information to be shared under the agreement are no more than is necessary to facilitate the provision of that public service or those public services: 34—2/SOP No 482 99 Part 7 cl 150 Proposed amendments to Privacy Bill (c) (d) (e) that the agreement does not unreasonably impinge on the privacy of individuals and contains adequate safeguards to protect their privacy: that the benefits of sharing personal information under the agreement are likely to outweigh the financial and other costs of sharing it: that any potential conflicts or inconsistencies between the sharing of per- sonal information under the agreement and any other enactment have been identified and appropriately addressed.
Compare: 1993 No 28 s 96N 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 invite submissions on the proposed agreement from,— (i) (ii) (iii) the Commissioner; and any person or organisation that the agencies consider represents the interests of the classes of individuals whose personal informa- tion will be shared under the proposed agreement; and any person or organisation that the parties consider represents the interests of any specified class of agency to which the agreement may apply; and (iv) any other person or organisation that the agencies consider should be consulted; and (b) have regard to any submissions made under paragraph (a).
(2) The Commissioner— (a) must consider the privacy implications of the proposed agreement; and (b) may make any submissions under subsection (1)(a)(i) that the Com- missioner considers appropriate.

(3) The agencies must give the relevant Minister a copy of the submissions made under subsection (1)(a) (if any).
Compare: 1993 No 28 s 96O 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 Com- missioner may prepare a report for the relevant Minister on any matter relating to privacy that arises or is likely to arise in respect of the agreement.
(2) Without limiting subsection (1), the Commissioner may include in the report— (a) any comment that the Commissioner wishes to make about the consult- ation that the agencies carried out under section 150(1)(a); and 100 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 153 (b) any submissions that the Commissioner made to the agencies under sec- tion 150(1)(a)(i).

(3) The Commissioner— (a) may publish a report under subsection (1); but (b) must consult the relevant Minister before doing so.
Compare: 1993 No 28 s 96P 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 individual on the basis (whether in whole or in part) of personal information about the individual that was shared under the agreement.
(2) The notice must— (a) (b) give details of the adverse action that the party proposes to take and the personal information about the individual on which the action is based; and state that the individual has 10 working days from the receipt of the notice within which to dispute the correctness of that personal informa- tion.
(3) To avoid doubt, the individual who is given the notice may take any steps that are available under any enactment to dispute any proposed adverse action against him or her them, but the only basis on which the individual may show cause under this section as to why the proposed adverse action should not be taken is that it is based on incorrect personal information.
Compare: 1993 No 28 s 96Q 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 the agreement may— (i) (ii) give a shorter period of notice than the 10-working-day period referred to in section 152(2)(b); or dispense with the giving of the notice; or (b) if an approved information sharing agreement does not include a provi- sion of the kind specified in paragraph (a), the Commissioner, on the application of a party to an approved information sharing agreement, allows the party in the circumstances of a particular case to— (i) give a shorter period of notice than the 10-working-day period referred to in section 152(2)(b); or 34—2/SOP No 482 101 Part 7 cl 154 Proposed amendments to Privacy Bill (ii) dispense with the giving of the notice.
Compare: 1993 No 28 s 96R 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 agreement— (i) (ii) available for inspection, free of charge, at the lead agency’s head office on any working day; and accessible, free of charge, on an Internet site maintained by or on behalf of the lead agency; and (b) (c) prepare a report on the operation of the agreement at the intervals required by the Commissioner under section 156; and carry out any other responsibilities imposed by this Part.
(2) A lead agency does not need to comply with subsection (1)(a)(ii) if the rele- vant Minister designates an Internet site maintained by or on behalf of another public sector agency as the Internet site where a copy of the agreement is to be made accessible free of charge.

(3) To avoid doubt, nothing in this section applies to a party to an information sharing agreement that is not the lead agency except as provided in subsec- tion (2).
Compare: 1993 No 28 s 96S 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 213(1)(c) that the Commissioner specifies after having regard to— (a) (b) (c) the costs of reporting: the degree of public interest in information about the matters prescribed in those regulations: the significance of the privacy implications of the approved information sharing agreement.
(2) A report must be included— (a) (b) in the lead agency’s annual report under the Public Finance Act 1989, if it is required annually; or in the lead agency’s annual report under the Public Finance Act 1989 that immediately follows the end of each interval specified under sec- tion 154 156(1)(b).
Compare: 1993 No 28 s 96T 102 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 157 156 Commissioner may specify frequency of reporting by lead agency (1) (2) The Commissioner may require a lead agency to prepare a report under sec- tion 154(1)(b)— (a) annually; or (b) at less frequent intervals that the Commissioner may specify.
In determining the appropriate frequency in subsection (1) of a report under section 154(1)(b), the Commissioner must have regard to— (a) the costs of reporting: (b) (c) the degree of public interest in the matters to be included in the report: the significance of the privacy implications of the approved information sharing agreement.
Compare: 1993 No 28 s 96U 157 Amendment of approved information sharing agreement (1) This section applies if the parties to an approved information sharing agree- ment amend the agreement is amended (whether in accordance with the Com- missioner’s recommendation in a report under section 159(1) or otherwise).
(2) As soon as practicable after the amendment is made, the lead agency must— (a) give written notice of the amendment to— (i) (ii) the Commissioner; and the relevant Minister; and (b) make a copy of the amendment— (i) (ii) available for inspection, free of charge, at the lead agency’s head office on any working day; and accessible, free of charge, on the Internet site where a copy of the agreement is accessible.
(3) (4) (5) The information sharing agreement approved by Order in Council continues to have effect as if the amendment notified under subsection (2) had not been made, unless the Governor-General, by a further Order in Council made on the recommendation of the relevant Minister, approves the agreement as amended by the parties.

Sections 145 to 151 apply, with any necessary modifications, to the appro- val of the agreement as amended.
Subsection (2)(a), (3), or (4) does not apply if the amendment to an approved information sharing agreement relates only to— (a) (b) (c) the fees and charges payable under the agreement; or a name or description of a party to the agreement; or naming an agency as a party to the agreement under section 142(2); or 34—2/SOP No 482 103 Part 7 cl 158 Proposed amendments to Privacy Bill (d) (e) removing an agency as a party to the agreement under section 142(3); or any terms or conditions of the agreement that the lead agency, after con- sulting the Commissioner, considers do not, or are unlikely to, have any effect on the privacy implications of the agreement.
Compare: 1993 No 28 s 96V 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 information sharing agree- ment—.

(a) (b) at the end of a period of 12 months after the Order in Council approving the agreement is made; and at any time that the Commissioner considers appropriate for any subse- quent reviews.
(1A) However, except with the consent of the relevant Minister, no review may be conducted under subsection (1) before the end of the period of 12 months after the Order in Council approving the agreement is made.
(2) In conducting a review, the Commissioner must— (a) consult the following persons and organisations about the review: (i) (ii) the parties to the agreement: any person or organisation that the Commissioner considers repre- sents the interests of the classes of individuals whose personal information is being shared under the agreement; and (b) consider any submissions made on the review.

(3) The parties to the agreement must take all reasonable steps to co-operate with the review.
Compare: 1993 No 28 s 96W 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 that an approved information sharing agreement is— (a) (b) operating in an unusual or unexpected way (that is, in a way that was not foreseen by the Commissioner or the parties to the agreement at the time the agreement was entered into): failing to facilitate the provision of the public service or public services to which it relates: (c) unreasonably impinging on the privacy of individuals: 104 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 161 (d) operating in such a way that the financial and other costs of sharing per- sonal information under the agreement outweigh the benefits of sharing it.
(2) The Commissioner may recommend in the report that— (a) (b) the parties to the agreement should amend it be amended in 1 or more material respects; or the Order in Council by which the agreement was approved should be revoked.
Compare: 1993 No 28 s 96X 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) (b) present a copy of a report under section 159(1) to the House of Repre- sentatives within 5 working days after receiving it from the Commis- sioner or, if Parliament is not in session, as soon as practicable after the commencement of the next session of Parliament; and as soon as practicable after complying with paragraph (a), present a report to the House of Representatives setting out the Government’s response to the report under section 159(1).
Compare: 1993 No 28 s 96Y 161 Power to amend Schedule 3 by Order in Council (1) Without limiting the matters that an Order in Council made under section 145 must insert into Schedule 3 in accordance with section 147(2), the Governor-General may, by Order in Council,— (a) make any amendments to Schedule 3 that are required— (i) (ii) (iii) (iv) to recognise the abolition or dissolution of any agency that is party to an approved information sharing agreement or any change in the name of such an agency; or to reflect any change in the Internet site address where a copy of an approved information sharing agreement can be accessed; or to reflect any amendments to an approved information sharing agreement that are approved under section 157; or to correct any error or omission in any description in that sched- ule: (b) repeal any description or matter in Schedule 3, including all of the descriptions or matters relating to an approved information sharing agreement if the Order in Council by which it was approved has expired or has been revoked: (c) otherwise amend or replace Schedule 3.
34—2/SOP No 482 105 Part 7 cl 162 Proposed amendments to Privacy Bill (2) To avoid doubt, any of the matters set out in this section may be included in an Order in Council made under section 145 or in a separate Order in Council made under this section.
Compare: 1993 No 28 s 96Z Subpart 2—Identity information 162 Purpose of this subpart The purpose of this subpart is to authorise accessing agencies, when carrying out specified functions, to verify the identity of an individual by accessing identity information held about that individual by a holder agency.
Compare: 1993 No 28 s 109A 163 Relationship between this subpart and other law relating to information disclosure This subpart does not— (a) limit the collection, use, or disclosure of personal information that— (i) (ii) is authorised or required by or under any enactment; or is permitted by the information privacy principles; or (b) limit subpart 1, 3, or 4.
Compare: 1993 No 28 s 109B 164 Interpretation In this subpart,— access, in relation to a database, includes remote access to that database accessing agency means an agency specified in the first column of Schedule 4 biometric information, in relation to a person, means information that com- prises— (a) 1 or more of the following kinds of personal information: (i) (ii) a photograph of all or any part of the person’s head and shoulders: impressions of the person’s fingerprints: (iii) a scan of the person’s irises; and (b) an electronic record of the personal information that is capable of being used for biometric matching database means any information recording system or facility used by an agency to store information holder agency means an agency specified in the third column of Schedule 4 106 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 168 identity information, in relation to an individual, means any information that identifies, or relates to the identity of, the individual, and includes (without limitation) the following information: (a) (b) (c) (d) the individual’s biographical details (for example, the individual’s name, address, date of birth, place of birth, and gender): the individual’s biometric information: a photograph or visual image of the individual: details of the individual’s— (i) (ii) New Zealand travel document; or certificate of identity: (e) details of any distinguishing features (including tattoos and birthmarks).
Compare: 1993 No 28 s 109C 165 Access by agencies to identity information An accessing agency may, for the purpose specified in the second column of Schedule 4 opposite the name of the accessing agency, have access to an indi- vidual’s identity information held by a holder agency specified in the third col- umn of that schedule opposite the name of the accessing agency.
Compare: 1993 No 28 s 109D 166 Manner and form of access (1) Access to identity information permitted under section 165 may be facilitated between a holder agency and an accessing agency in the manner agreed by the agencies (for example, by direct access to information stored in a holder agen- cy’s database, or by exchange of information between the agencies).
(2) Identity information that is held by a holder agency and accessed by an access- ing agency under section 165 may be made available to the accessing agency in the form agreed by the agencies.
Compare: 1993 No 28 s 109E 167 Annual reporting requirement The chief executive of an accessing agency must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance Act 1989, or any other applicable enactment requiring an annual report to Parliament, details of the operation of this Part and Schedule 4.
Compare: 1993 No 28 s 109F 168 Power to amend Schedule 4 by Order in Council (1) The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commis- sioner, amend Schedule 4 by— (a) inserting, repealing, amending, or replacing any item in Schedule 4; or 34—2/SOP No 482 107 Part 7 cl 169 Proposed amendments to Privacy Bill (b) repealing Schedule 4 and substituting a new schedule.
(2) Before recommending the making of an Order in Council facilitating access by an accessing agency to identity information held by a holder agency, the responsible Minister must be satisfied that— (a) (b) (c) the purpose for which the identity information is to be accessed relates to a specified function of the accessing agency; and the identity information to be accessed is no more than is reasonably necessary to enable the accessing agency to achieve that purpose; and any potential conflicts or inconsistencies between the sharing of personal information under Schedule 4 and any other enactment have been iden- tified and appropriately addressed.
Compare: 1993 No 28 s 109G Subpart 3—Law enforcement information 169 Purpose of this subpart The purpose of this subpart is to authorise specified public sector agencies to have access to law enforcement information held by other specified agencies about identifiable individuals.
170 Relationship between this subpart and other law relating to information disclosure This subpart does not— (a) limit the collection, use, or disclosure of personal information that— (i) (ii) is authorised or required by or under any enactment; or is permitted by the information privacy principles; or (b) limit subpart 1, 2, or 4.
171 Interpretation In this subpart, unless the context otherwise requires,— accessing agency means any public sector agency for the time being specified in Schedule 5 as an agency to which law enforcement information held by a holder agency is available agency includes a court in relation to its judicial functions holder agency means— (a) (b) a court holding law enforcement information described in Schedule 5 as court records; and a public sector agency specified in Schedule 5 holding law enforce- ment information otherwise described in that schedule 108 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 176 law enforcement information means any information that— (a) (b) is about an identifiable individual; and is specified in Schedule 5.
Compare: 1993 No 28 s 110 172 Access by accessing agencies to law enforcement information (1) An accessing agency may have access to law enforcement information held by (2) a holder agency if such access is authorised by the provisions of Schedule 5.

Subsection (1) overrides— (a) section 237 and Schedule 1 of the District Court Act 2016; and (b) section 174 and Schedule 2 of the Senior Courts Act 2016.
Compare: 1993 No 28 s 111 173 Power to amend Schedule 5 by Order in Council (1) The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commis- sioner, amend Schedule 5 by— (a) inserting, repealing, amending, or replacing any item in Schedule 5; or repealing Schedule 5 and substituting a new schedule.
(b) (2) However, no Order in Council may be made under subsection (1) that amends law enforcement information in Schedule 5 that is described in that schedule as court records.

Subpart 4—Authorised information matching programmes 174 Purpose of this subpart The purpose of this subpart is to authorise agencies to compare personal infor- mation in accordance with an authorised information matching programme.
175 Application of this subpart This subpart applies to the disclosure of personal information under an infor- mation matching programme authorised by an information matching provision.
176 Relationship between this subpart and other law relating to information disclosure This subpart does not— (a) limit the collection, use, or disclosure of personal information that— (i) (ii) is authorised or required by or under any enactment; or is permitted by the information privacy principles; or (b) limit subparts 1 to 3.
34—2/SOP No 482 109 Part 7 cl 177 177 Interpretation Proposed amendments to Privacy Bill In this subpart and Schedule 7, unless the context otherwise requires,— adverse action means any lawful action of an agency that may adversely affect the rights, benefits, privileges, obligations, or interests of any specific indi- vidual, including any decision— (a) (b) (c) (d) (e) (f) (g) (h) (i) to cancel or suspend any monetary payment: to refuse an application for a monetary payment: to alter the rate or amount of a monetary payment: to recover an overpayment of a monetary payment: to impose a penalty: to recover a penalty or fine: to make an assessment of the amount of any tax, levy, or other charge, or of any contribution, that is payable by an individual, or to alter an assessment of that kind: to investigate the possible commission of an offence: to make a deportation order in relation to the individual, to serve the individual with a deportation liability notice, or to deport the individual from New Zealand authorised information matching programme means an information match- ing programme that is authorised by an information matching provision discrepancy, in relation to an authorised information matching programme, means a result of that programme that warrants the taking of further action by an agency for the purpose of giving effect to the objective of the programme information matching programme means the comparison (whether manually or by means of any electronic or other device) of any document that contains personal information about 10 or more individuals with 1 or more other docu- ments that contain personal information about 10 or more individuals, for the purpose of producing or verifying information that may be used for the purpose of taking adverse action against an identifiable individual information matching provision means any provision specified in the second column of Schedule 6 as an information matching provision of an enactment specified in the first column of that schedule information matching rules means the rules for the time being set out in Schedule 7 monetary payment includes— (a) (b) (c) a benefit as defined in Schedule 2 of the Social Security Act 2018: a lump sum payable under section 90 of that Act: any special assistance granted out of a Crown Bank Account from money appropriated by Parliament under section 101 of that Act: 110 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 180 (d) any monetary entitlement payable under Part 4, 10, or 11 of the Accident Compensation Act 2001.
Compare: 1993 No 28 s 97 178 Information matching agreements (1) Personal information held by an agency may be disclosed to another agency under an authorised information matching programme only in accordance with a written agreement that— (a) (b) is entered into between the agencies; and includes provisions that reflect the information matching rules, or provi- sions that are no less onerous than those rules.
(2) An agreement may provide that the agencies involved in the authorised infor- mation matching programme may charge each other fees for the services provi- ded for the purposes of the programme.

(3) The parties to an agreement entered into under this section must ensure that a copy of the agreement, and of any amendments subsequently made to the agreement, are immediately forwarded to the Commissioner.
Compare: 1993 No 28 s 99 179 Use of results of authorised information matching programme (1) (2) (3) Subject to any other enactment or rule of law that limits or restricts the infor- mation that may be taken into account in taking adverse action against an indi- vidual, an agency that is involved in an authorised information matching pro- gramme may take adverse action against an individual on the basis of any dis- crepancy produced by that programme.
If an agency decides to take adverse action against an individual on the basis of a discrepancy produced by an authorised information matching programme, the adverse action must be commenced not later than 12 months after the date on which the agency received or derived information from the programme that gave rise to the discrepancy (or any extended time limit granted by the Com- missioner under section 180).
Subsection (1) does not limit or restrict the use that may lawfully be made, by an agency, of any information produced by an authorised information matching programme.
Compare: 1993 No 28 s 100 180 Extension of time limit If an agency derives or receives information produced by an authorised infor- mation matching programme, the Commissioner may, either generally or in respect of any case or class of cases, grant an extension of the time limit set out in section 179(2) in respect of that information if the Commissioner is satis- 34—2/SOP No 482 111 Part 7 cl 181 Proposed amendments to Privacy Bill fied that the agency cannot reasonably be required to meet that time limit because of— (a) (b) (c) the large quantity of information derived or received by the agency; or the complexity of the issues involved; or any other reason.
Compare: 1993 No 28 s 102 181 Notice of adverse action proposed (1) A specified agency must not take adverse action against an individual on the basis (whether in whole or in part) of a discrepancy produced by an authorised information matching programme— (a) unless that agency has given that individual written notice that— (i) (ii) specifies the particulars of the discrepancy and of the adverse action that it proposes to take; and states that the individual has 5 working days from the receipt of the notice in which to show cause why the action should not be taken; and (b) until the expiration of those 5 working days.
(2) Subsection (1) does not prevent the department for the time being respon- sible for the administration of the Social Security Act 2018 from immediately suspending sole parent support, the supported living payment, an emergency benefit, jobseeker support, a young parent payment, or a youth payment paid to an individual if— (a) (b) the discrepancy arises in respect of departure information supplied to that department under section 308 of the Customs and Excise Act 2018; and before or immediately after the decision to suspend the benefit, the department gives the individual written notice that— (i) (ii) specifies the particulars of the discrepancy and the suspension of benefit, and any other adverse action that the department proposes to take; and states that the individual has 5 working days from the receipt of the notice to show cause why the benefit ought not to have been suspended or why the adverse action should not be taken, or both.
(3) An adverse action must not be taken under subsection (2) until the expiry of the 5 working days referred to in paragraph (b)(ii).
Subsection (1) does not prevent the Commissioner of Inland Revenue from immediately taking action to recover amounts relating to— 34—2/SOP No 482 (4) 112 Proposed amendments to Privacy Bill Part 7 cl 181 (5) (6) (a) (b) unpaid amounts owed to the Commissioner by an individual who is in serious default and who is identified in information supplied to the Com- missioner under section 306 of the Customs and Excise Act 2018; or financial support under the Child Support Act 1991 owed to the Com- missioner by an individual who is identified in information supplied to the Commissioner under section 307 or 313 of the Customs and Excise Act 2018.
Subsections (1) and (2) do not prevent an agency from taking adverse action against an individual if compliance with the requirements of those sub- sections would prejudice any investigation into the commission of an offence or the possible commission of an offence.
Subsection (1) does not prevent any constable or any bailiff from immedi- ately executing a warrant to arrest an individual in respect of the non-payment of all or any part of a fine if— (a) the discrepancy arises in respect of arrival and departure information supplied under section 310 of the Customs and Excise Act 2018; and (b) before the warrant is executed, the individual concerned is— (i) (ii) (iii) informed of the intention to execute the warrant; and given an opportunity to confirm that they are the individual named in the warrant; and given the opportunity to confirm that neither of the following cir- cumstances applies: (A) (B) the fine has been paid: an arrangement to pay the fine over time has been entered into.
(7) In this section,— amount of reparation has the meaning given to it in section 79(1) of the Sum- mary Proceedings Act 1957 bailiff means a bailiff of the District Court or of the High Court fine means— (a) (b) (c) a fine within the meaning of section 79(1) of the Summary Proceedings Act 1957: a fine to which section 19 of the Crimes Act 1961 applies: a fine to which section 43 or 45 of the Misuse of Drugs Amendment Act 1978 applies: (d) any amount payable under section 138A(1) of the Sentencing Act 2002.
(8) This section is subject to section 180C(1) of the Corrections Act 2004.

Compare: 1993 No 28 s 103(1)–(2), (5) 34—2/SOP No 482 113 Part 7 cl 182 Proposed amendments to Privacy Bill 182 Reporting requirements (1) If the Commissioner so requires, an agency that is involved in an authorised information matching programme must report to the Commissioner in respect of the programme.
(2) Without limiting subsection (1), the matters on which the Commissioner may require an agency to submit a report include the following: (a) (b) (c) (d) (e) the actual costs and benefits of an authorised information matching pro- gramme: any difficulties experienced in the operation of an authorised information matching programme and how those difficulties are being, or have been, overcome: whether internal audits or other forms of assessment are undertaken by an agency in relation to an authorised information matching programme, and, if so, the results of those audits or assessments: if an agency dispenses with the giving of notice under section 181, the reasons why that dispensation is made and the grounds in support of those reasons: the details of the operation of an authorised information matching pro- gramme, including— (i) (ii) (iii) (iv) (v) (vi) the number of matches undertaken: the proportion of matches that revealed discrepancies in informa- tion involved in the matching: the number of discrepancies revealed: the proportion of cases in which action was taken as a result of the discrepancies: the number of cases in which action was taken: the number of cases in which action was taken even though the accuracy of the discrepancy was challenged: (vii) the proportion of cases in which action did not proceed after the individual concerned was notified of the discrepancy: (viii) the number of cases in which action taken as a result of a discrep- ancy was successful: (f) any other matters that the Commissioner considers relevant.
Compare: 1993 No 28 s 104 183 Reports on authorised information matching programmes (1) 114 The Commissioner must, before the end of each calendar year, report to the responsible Minister on each authorised information matching programme that is carried out (in whole or in part) during the financial year ending on 30 June in that year.
34—2/SOP No 482 Proposed amendments to Privacy Bill Part 7 cl 185 (2) A report must set out, in relation to each programme,— (a) (b) (c) an outline of the programme; and an assessment of the extent of the programme’s compliance, during that year, with— (i) (ii) sections 178 to 181; and the information matching rules; and the details of each extension granted under section 180, the reasons why the extension was granted, and the grounds in support of those rea- sons.
(3) (4) This section does not require the Commissioner to disclose in any report any information relating to an information matching programme that would be likely to frustrate the objective of the programme.

Sections 90 to 94 apply in relation to an assessment carried out by the Com- missioner for the purposes of subsection (2)(b), and all references in those sections to an investigation must be read as a reference to an assessment.
(5) As soon as practicable after receiving a report, the responsible Minister must present a copy of the report to the House of Representatives.
Compare: 1993 No 28 s 105 184 Reports on information matching provisions (1) The Commissioner must, at 5-yearly intervals,— (a) review the operation of every information matching provision and con- sider, in particular, whether— (i) the authority conferred by the information matching provision should be continued; and (ii) any amendments to the provision are necessary or desirable; and (b) report the result of the review to the responsible Minister.
(2) The first report of an information matching provision under this section is due not later than— (a) (b) 5 years after the date of the last report prepared in respect of that infor- mation matching provision by the Commissioner under section 106 of the Privacy Act 1993; or 5 years after the commencement of this section, if no previous report has been prepared in respect of that information matching provision by the Commissioner.
Compare: 1993 No 28 s 106(1) 185 Responsible Minister must present copy of report under section 184 and report setting out Government’s response to House of Representatives The responsible Minister must— 34—2/SOP No 482 115 Part 7 cl 186 (a) Proposed amendments to Privacy Bill present a copy of a report under section 184 to the House of Represen- tatives within 5 working days after receiving it from the Commissioner or, if Parliament is not in session, as soon as practicable after the com- mencement of the next session of Parliament; and (b) within 6 months after complying with paragraph (a), present a report to the House of Representatives setting out the Government’s response to the report under section 184.
Compare: 1993 No 28 s 106(2) 186 Avoidance of controls on information matching through use of exceptions to information privacy principles Despite section 176, if the collection or disclosure of information is author- ised by an information matching provision, nothing in IPP 2(2)(e)(i) or IPP 11(1)(e)(i) authorises or permits the collection or disclosure of that informa- tion for the purposes of— (a) (b) any authorised information matching programme; or any information matching programme whose objective is similar in nature to any authorised information matching programme.
Compare: 1993 No 28 s 108 187 Avoidance of controls on information matching through use of official information statutes Despite anything in the Official Information Act 1982 or the Local Govern- ment Official Information and Meetings Act 1987, a public sector agency must not disclose to any other public sector agency under those Acts any personal information if the information is sought solely or principally for use in an infor- mation matching programme.
Compare: 1993 No 28 s 109 188 Power to amend Schedule 6 by Order in Council The Governor-General may, by Order in Council made on the recommendation of the responsible Minister,— (a) amend Schedule 6 by— (i) replacing a reference to an information matching provision that has been renumbered with a reference to the corresponding renumbered information matching provision: (ii) repealing an information matching provision; or (b) repeal Schedule 6.
116 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 8 cl 193 189 Power to amend Schedule 7 by Order in Council (1) (2) The Governor-General may, by Order in Council made on the recommendation of the Privacy Commissioner, amend the information matching rules in Sched- ule 7.

The power conferred by subsection (1) includes the power to— (a) replace Schedule 7: repeal Schedule 7.
(b) Compare: 1993 No 28 s 107 190 Amendments to other enactments related to this subpart The enactments listed in Schedule 8 are amended in the manner set out in that schedule.

191 Expiry Repeal of section 190 and Schedule 8 Section 190 and Schedule 8 expire and are repealed on the close of 1 Sep- tember 20208 November 2020.
Part 8 Prohibiting onward transfer of personal information received in New Zealand from overseas 192 Interpretation In this Part, unless the context otherwise requires, transfer prohibition notice means a notice given under section 193 prohibiting the transfer of personal information from New Zealand to another country.
Compare: 1993 No 28 s 114A 193 Prohibition on transfer of personal information outside New Zealand (1) The Commissioner may prohibit a transfer of personal information from New Zealand to another country if the Commissioner is satisfied, on reasonable grounds, that— (a) (b) the information has been, or will be, received in New Zealand from another country and is likely to be transferred to a third country where it will not be subject to a law providing comparable safeguards to those in this Act; and the transfer would be likely to lead to a contravention of the basic prin- ciples of national application set out in Part Two of the OECD Guide- lines and in Schedule 9 of this Act.
(2) In determining whether to prohibit a transfer of personal information, the Com- missioner must also consider, in addition to the matters set out in subsection (1) and section 18, the following: 34—2/SOP No 482 117 Part 8 cl 194 Proposed amendments to Privacy Bill (a) (b) (c) whether the transfer affects, or is likely to affect, any individual; and the general desirability of facilitating the free flow of information between New Zealand and other countries; and any existing or developing international guidelines relevant to transbor- der data flows, including (but not limited to)— (i) (ii) the OECD Guidelines: the General Data Protection Regulation.
(3) Subsection (1) does not apply if the transfer of the information, or the infor- mation itself, is— (a) (b) required or authorised by or under any enactment; or required by any convention or other instrument that imposes inter- national obligations on New Zealand.
Compare: 1993 No 28 s 114B 194 Commissioner’s power to obtain information (1) To enable the Commissioner to determine whether to prohibit a transfer of per- sonal information, the Commissioner may hear or obtain information from any person as the Commissioner considers necessary, and for that purpose subpart 2 of Part 5 applies as if the Commissioner were carrying out an investigation under that subpart.
(2) In exercising any power under subsection (1), the Commissioner may adopt any procedure the Commissioner considers appropriate.

Compare: 1993 No 28 s 114C 195 Transfer prohibition notice (1) A prohibition under section 193(1) is effected by the service of a transfer prohibition notice on the agency that proposes to transfer the personal informa- tion concerned.
(2) A transfer prohibition notice must— (a) (b) (c) (d) (e) state the name of the agency to whom it relates; and describe the personal information concerned; and state that the transfer of the personal information concerned from New Zealand to a specified country is prohibited— (i) (ii) absolutely; or until the agency has taken the steps stated in the notice to protect the interests of any individual or individuals affected by the trans- fer; and state the time at which the notice takes effect; and state the ground for the prohibition; and 118 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 8 cl 196 (3) (4) (5) (f) state that the agency on whom the notice is served may lodge an appeal against the notice to the Tribunal, and state the time within which the appeal must be lodged.
The time at which the notice takes effect under subsection (2)(d) must not be before the end of the period within which an appeal against the notice can be lodged.

If an appeal is brought, the notice does not take effect until the determination or withdrawal of the appeal.
If the Commissioner, by reason of special circumstances, considers that the prohibition should take effect as a matter of urgency in relation to all or any part of the notice,— (a) (b) subsections (3) and (4) do not apply; and the notice takes effect on the sixth working day after the date on which the notice is served; and (c) the notice must include— (i) (ii) a statement that the Commissioner considers that the prohibition must take effect as a matter of urgency; and a statement of the reasons why the Commissioner has reached that conclusion.
Compare: 1993 No 28 114D 196 Commissioner may vary or cancel transfer prohibition notice (1) If, at any time, the Commissioner considers that all or any of the provisions of a transfer prohibition notice served on an agency need not be complied with in order to avoid a contravention of basic principles of privacy or data protection, the Commissioner may vary or cancel the transfer prohibition notice by serving notice to that effect on the agency concerned.
(2) An agency on whom a transfer prohibition notice has been served may, at any time after the end of the period during which an appeal under section 198(1)(a) can be lodged, apply in writing to the Commissioner for the notice to be varied or cancelled under subsection (1).
The Commissioner must, within 20 working days after the date on which an application under subsection (2) is received, notify the agency that the appli- cation— (3) (a) has been granted and that the transfer prohibition notice has been— (i) (ii) varied; or cancelled; or (b) has been refused and give the reason for the refusal.
(4) If the Commissioner cancels or varies a transfer prohibition notice under sub- section (1), the variation or cancellation of the notice takes effect on the day 34—2/SOP No 482 119 Part 8 cl 197 Proposed amendments to Privacy Bill after the date on which notice of the Commissioner’s decision to vary or cancel the transfer prohibition notice is served.
Compare: 1993 No 28 s 114E 197 Offence in relation to transfer prohibition notice Every person who, without reasonable excuse, fails or refuses to comply with a transfer prohibition notice commits an offence and is liable on conviction to a fine not exceeding $10,000.
Compare: 1993 No 28 s 114F 198 Appeals against transfer prohibition notice (1) An agency on whom a transfer prohibition notice is served may appeal to the Tribunal— (a) (b) (c) (d) against all or any part of the notice; or if the notice contains a statement by the Commissioner in accordance with section 195(5)(c), against the decision to include that statement in respect of all or any part of the notice; or against the decision of the Commissioner to vary the notice in accord- ance with section 196(1); or against the refusal of an application under section 196(2) to vary or cancel the notice.
(2) An appeal under subsection (1) must be lodged,— (a) (b) in the case of an appeal under subsection (1)(a) or (b), within 15 working days from the date on which the transfer prohibition notice was served on the agency concerned: in the case of an appeal under subsection (1)(c) or (d), within 15 working days from the date on which notice of the decision or refusal was served on the agency concerned.
(3) The Tribunal must allow an appeal or substitute any other decision or notice that could have been made or served by the Commissioner if it considers that— (a) (b) the decision or notice against which the appeal is brought is not in accordance with the law; or to the extent that the decision or notice involved an exercise of discretion by the Commissioner, the Commissioner ought to have exercised the dis- cretion differently.
(4) The Tribunal may review any determination of fact on which the decision or notice in question was based.
(5) On any appeal under subsection (1)(b), the Tribunal may— (a) direct— 120 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 9 cl 201 (i) (ii) that the notice in question must have effect as if it did not contain the statement that is mentioned in the notice; or that the inclusion of the statement must not have effect in relation to any part of the notice; and (b) make any modifications required to give effect to that direction.
Compare: 1993 No 28 s 114G 199 Application of Human Rights Act 1993 Part 4 of the Human Rights Act 1993 (except sections 97, 108A, and 108B) applies in relation to proceedings under section 198 as if they were proceed- ings under that Act.

Compare: 1993 No 28 s 114H 200 Power to amend Schedule 9 by Order in Council The Governor-General may, by Order in Council,— (a) amend the principles in Schedule 9 to the extent required to bring them up to date: (b) replace Schedule 9 to update the principles.
Compare: 1993 No 28 s 128A Part 9 Miscellaneous provisions General 201 Privacy officers (1) An agency must appoint as privacy officers for the agency 1 or more individu- als (within or outside the agency) whose responsibilities include— (a) (b) (c) (d) encouraging the agency to comply with the IPPs: dealing with requests made to the agency under this Act: working with the Commissioner in relation to investigations conducted under Part 5 in relation to the agency: ensuring that the agency complies with the provisions of this Act.
(2) Subsection (1) does not apply to an agency that is an individual who is col- lecting and holding personal information solely for the purposes of, or in con- nection with, the individual’s personal or domestic affairs.
Compare: 1993 No 28 s 23 34—2/SOP No 482 121 Part 9 cl 202 Proposed amendments to Privacy Bill 202 Commissioner may require agency to supply information For the purpose of enabling the Commissioner to respond to inquiries from the public about personal information held by an agency, the Commissioner may require an agency to supply— (a) (b) the name and contact details of the agency’s privacy officer appointed under section 201; and any other information that the Commissioner reasonably requires in rela- tion to the personal information held by the agency.
Compare: 1993 No 28 s 22 203 Inquiries Sections 91 to 95 apply in relation to an inquiry conducted by the Commis- sioner under section 14(1)(i), and for this purpose all references in those sec- tions to an investigation must be read as a reference to an inquiry.
204 Powers relating to declaratory judgments (1) (2) (3) If, at any time, it appears to the Commissioner that it may be desirable to obtain a declaratory judgment or an order of the High Court in accordance with the Declaratory Judgments Act 1908, the Commissioner may refer the matter to the Director for the purpose of deciding whether proceedings under that Act should be instituted.
If a matter is referred to the Director under subsection (1), the Director has sufficient standing to institute proceedings under the Declaratory Judgments Act 1908.

Subsection (2) applies— (a) despite anything to the contrary in the Declaratory Judgments Act 1908, or any other enactment or rule of law; and (b) whether or not the matter is within the Director’s functions and powers under this Act or the Human Rights Act 1993.
Compare: 1993 No 28 s 20 205 Protection against certain actions (1) If any personal information is made available in good faith under IPP 6,— (a) no proceedings, civil or criminal, may be brought against the Crown or any other person in respect of the making available of that information, or in respect of any consequences that follow from the making available of that information; and (b) no proceedings, civil or criminal, in respect of any publication involved in, or resulting from, the making available of that information may be brought against the author of the information or any other person by rea- son of that author or other person having supplied the information to an agency.
122 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 9 cl 207 (2) The making available of, or the giving of access to, any personal information in consequence of a request made under IPP 6 is not to be taken, for the purposes of the law relating to defamation or breach of confidence or infringement of copyright, to constitute an authorisation or approval of the publication of the information or of its contents by the individual to whom the information is made available or the access is given.
Compare: 1993 No 28 s 115 206 Commissioner and staff to maintain secrecy (1) The following persons must maintain secrecy in respect of all matters that come to their knowledge in the exercise of their functions under this Act: (a) (b) the Commissioner, or any person who has held the appointment of Com- missioner: a person who is employed or engaged, or who has been employed or engaged, by the Commissioner.
(2) Despite subsection (1), the Commissioner may disclose any matters that in the Commissioner’s opinion ought to be disclosed for the purposes of giving effect to this Act.
(3) Except where necessary for the purposes of referring a complaint or matter to the Director under section 96(5)(b) or 99(4)(a), the power conferred by subsection (2) does not extend to— (a) any matter that might prejudice— (i) (ii) the security, defence, or international relations of New Zealand (including New Zealand’s relations with the Government of any other country or with any international organisation); or any interest protected by section 7 of the Official Information Act 1982; or (iii) the prevention, investigation, or detection of offences; or (b) any matter that might involve the disclosure of the deliberations of Cab- inet; or (c) any information, answer, document, or thing obtained by the Commis- sioner by reason only of compliance with a requirement made under section 93(1).
Compare: 1993 No 28 s 116 207 Commissioner may share information with overseas privacy enforcement authority (1) The Commissioner may provide to an overseas privacy enforcement authority any information, or a copy of any document, that the Commissioner— 34—2/SOP No 482 123 Part 9 cl 208 Proposed amendments to Privacy Bill (a) (b) holds in relation to the performance or exercise of the Commissioner’s functions, duties, or powers under this Act (including under section 91 or 92) or any other enactment; and considers may— (i) (ii) assist the authority in the performance or exercise of the authori- ty’s functions, duties, or powers under or in relation to any enact- ment; or enable the authority to reciprocate with the provision of other rela- ted information that will assist the Commissioner in the perform- ance or exercise of the Commissioner’s functions, duties, or powers under this Act or any other enactment.
(2) The Commissioner may impose any conditions that the Commissioner con- siders appropriate in relation to the provision of any information or copy of any document under subsection (1), including conditions related to— the storage and use of, or access to, anything provided: (a) (b) the copying, return, or disposal of copies of any documents provided.

(3) This section overrides section 206(1).


208 Consultation (1) The Commissioner may at any time consult any of the following persons about any matter relating to the functions of the Commissioner under this Act: (a) (b) (c) an Ombudsman: the Health and Disability Commissioner: the Inspector-General of Intelligence and Security.
(2) (3) For the purpose of consulting a person specified in subsection (1), the Com- missioner may disclose to that person any information that the Commissioner considers necessary.

This section overrides section 206(1).
Compare: 1993 No 28 ss 117, 117A, 117B 209 Exclusion of public interest immunity (1) The rule of law that authorises or requires the withholding of any document, or the refusal to answer any question, on the ground that the disclosure of the document or the answering of the question would be injurious to the public interest does not apply in respect of— (a) (b) any investigation by or proceedings before the Commissioner or the Tri- bunal under this Act; or any application under the Judicial Review Procedure Act 2016 for the review of any decision under this Act.
124 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 9 cl 212 (2) (3) Subsection (1) does not entitle any person to any information that the person would not be entitled to otherwise than under this section.

Subsection (1) does not limit sections 50(2)(d) and 50C.
Compare: 1993 No 28 s 119 210 Adverse comment The Commissioner must not, in any report or statement made pursuant to this Act or the Crown Entities Act 2004, make any comment that is adverse to any person unless that person has been given an opportunity to be heard.
Compare: 1993 No 28 s 120 Liability and offences 211 Liability of employers and principals employers, principals, and agencies (1) For the purpose of this Act,— (a) (b) (c) anything done or omitted to be done by a person (A) as an employee of another person (B) is to be treated as being done or omitted by both A and B, whether or not it was done or omitted with B’s knowledge or approval: anything done or omitted to be done by a person (A) as an agent of another person (B) is to be treated as being done or omitted by both A and B, unless it was done or omitted without B’s express or implied authority: anything done or omitted to be done by a person as a member of an agency is to be treated as being done or omitted by both the person and the agency, unless it is done or omitted without the agency’s express or implied authority.
In proceedings under this Act against any person (C) in respect of an act alleged to have been done by an employee of that person (D), it is a defence to prove that C took such steps as were reasonably practicable to prevent D from doing that or any similar act.

Subsection (2) overrides subsection (1)(a).

This section is subject to sections 122AA and 122AB.
Compare: 1993 No 28 s 126 (2) (3) (4) 212 Offences (1) A person commits an offence against this Act and is liable on conviction to a fine not exceeding $10,000 if the person,— (a) without reasonable excuse, obstructs, hinders, or resists the Commis- sioner or any other person in the exercise of their powers under this Act: (b) without reasonable excuse, refuses or fails to comply with any lawful requirement of the Commissioner or any other person under this Act.
34—2/SOP No 482 125 Part 9 cl 212A Proposed amendments to Privacy Bill (2) A person commits an offence against this Act and is liable on conviction to a fine not exceeding $10,000 if the person— (a) makes any statement or gives any information to the Commissioner or any other person exercising powers under this Act, knowing that the statement or information is false or misleading: (b) represents directly or indirectly that they hold any authority under this Act when they do not hold that authority: (c) misleads an agency by impersonating an individual, or falsely pretending to be an individual or to be acting under the authority of an individual, for the purpose of— (i) (ii) obtaining access to that individual’s personal information: having that individual’s personal information used, altered, or destroyed: (d) destroys any document containing personal information, knowing that a request has been made in respect of that information under subpart 1 of Part 4.
Compare: 1993 No 28 s 127 Regulations 212A Regulations: prescribed binding schemes (1) (2) The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Commissioner, make regulations prescribing binding schemes for the purpose of IPP 12(1)(d).
The Minister may recommend the making of regulations under subsection (1) only if the Minister is satisfied that the binding schemes require a foreign person or entity to protect personal information in a way that, overall, provides comparable safeguards to those in this Act.
212B Regulations: prescribed countries (1) (2) The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Commissioner, make regulations prescribing countries for the purpose of IPP 12(1)(e).

The Minister may recommend the making of regulations under subsection (1) only if the Minister is satisfied that the countries have privacy laws that, overall, provide comparable safeguards to those in this Act.
(3) A country may be prescribed subject to any specified limitation or qualification relating to— (a) the type of foreign person or entity in that country that personal informa- tion may be disclosed to: 126 34—2/SOP No 482 Proposed amendments to Privacy Bill Part 9 cl 215 (b) the type of personal information that may be disclosed to a foreign per- son or entity in that country.
213 Other regulations (1) The Governor-General may, by Order in Council, made on the recommenda- tion of the responsible Minister, make regulations for all or any of the follow- ing purposes: (a) providing the procedure for giving, issuing, or serving notices and docu- ments under this Act, including to persons or agencies who are overseas: (ab) prescribing a body as a regulatory body for the purposes of the definition (b) (c) (d) of news entity in section 6(1): specifying the information to be included in a compliance notice under section 126(1)(e): prescribing the matters that the Commissioner may specify to a lead agency as matters that are to be included in a report by the lead agency under section 155: providing for such matters as are contemplated by or necessary for giv- ing full effect to this Act and for its due administration.
(2) The responsible Minister may not recommend the making of regulations under subsection (1)(ab) unless the Minister— (a) has consulted with the Commissioner; and (b) is satisfied that the body— (i) (ii) acts independently in performing its functions and duties; and encourages news entities to develop and observe principles, stand- ards, or codes of conduct appropriate to the type of news activity undertaken by the entities, particularly principles, standards, or codes of conduct in relation to the privacy of individuals; and (iii) has a proper procedure for receiving and dealing with complaints about news activities.
Compare: 1993 No 28 s 128 Repeal, revocation, and consequential amendments 214 Repeal and revocation (1) (2) The Privacy Act 1993 (1993 No 28) is repealed.

The Privacy Regulations 1993 (SR 1993/149) are revoked.

215 Consequential amendments The enactments specified in Schedule 10 are consequentially amended in the manner indicated in that schedule.
34—2/SOP No 482 127 Part 9 cl 216 Proposed amendments to Privacy Bill 216 Expiry Repeal of section 215 and Schedule 10 Section 215 and Schedule 10 expire and are repealed on the close of 1 September 20208 November 2020.
128 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 1 Transitional, savings, and related provisions Schedule 1 s 4 Part 1 Provisions relating to this Act as enacted 1 Interpretation In this schedule,— commencement day means the day on which this Act comes into force 1 November 2020 this Act means the Privacy Act 2018.
2 Appointment of Privacy Commissioner The person who immediately before the commencement date day held office as the Privacy Commissioner under the Privacy Act 1993 continues in office on and after that date day as if the person were appointed under section 10 of this Act, and that person’s instrument of appointment is to be construed accord- ingly.
3 Appointment of privacy officers Any person who immediately before the commencement date day was a pri- vacy officer under section 23 of the Privacy Act 1993 continues on and after that date day as a privacy officer under section 201 of this Act.
4 Application of IPP 6 and IPP 7 (1) A request made to an agency under information privacy principle 6 of the Pri- vacy Act 1993 before the commencement date day, but not dealt with by that date day, must be treated as a request under IPP 6 and dealt with under this Act.

(2) A request made to an agency under information privacy principle 7 of the Pri- vacy Act 1993 before the commencement date day, but not dealt with by that date day, must be treated as a request under IPP 7 and dealt with under this Act.
5 Authorisations An authorisation given by the Commissioner under section 54 of the Privacy Act 1993 that is in force immediately before the commencement date day con- tinues in force on and after that date day as if it had been made under section 27 of this Act, and is subject to the same conditions (if any) as applied imme- diately before the commencement date day.
34—2/SOP No 482 129 Schedule 1 Proposed amendments to Privacy Bill 6 1 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 commencement date the day on which subpart 3 of Part 3 of this Act comes into force con- tinues in force on and after that date day as if it had been issued under section 35 of this Act and may at any time be amended.
7 Complaints (1) A complaint made before the commencement date day under the Privacy Act 1993 that has not been resolved or otherwise dealt with by the Commissioner must be resolved or otherwise dealt with by the Commissioner under the pro- cedures in this Act, even though the action alleged to be, or appearing to be, an interference with the privacy of an individual that is the subject of the com- plaint occurred before that date day.
(1A) A complaint made after the commencement day under this Act that relates to an action that occurred before the commencement day must be resolved or otherwise dealt with by the Commissioner under the procedures in this Act.

(2) Any decision made, or thing done, by the Commissioner under the Privacy Act 1993 in relation to a complaint that before the commencement date day was not the subject of an investigation must be treated as if it had been made or done under this Act.
8 (1) Investigations and inquiries This clause applies to— (a) (ab) (b) an investigation that was commenced by the Commissioner under Part 8 of the Privacy Act 1993 before the commencement date day, but not completed by that date day (a pending investigation): an investigation that is commenced by the Commissioner under this Act after the commencement day and that relates to an action that occurred before the commencement day: an inquiry that was commenced by the Commissioner under section 13(1)(m) or 61(1) of the Privacy Act 1993 before the commencement date day but not completed by that date day (a pending inquiry).
(2) A pending investigation, an investigation referred to in paragraph (ab), or a pending inquiry must be continued and completed or, in the case of an investi- gation referred to in paragraph (ab), dealt with under this Act.

(3) Any decision made, or thing done, by the Commissioner under the Privacy Act 1993 in relation to a pending investigation or pending inquiry must be treated as if it had been made or done under this Act.
130 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 1 9 Proceedings (1) Any proceedings commenced before the Human Rights Review Tribunal under Part 8 of the Privacy Act 1993 before the commencement date day, but not completed by that date day, must be continued and completed under this Act.
(2) Any proceedings that are commenced before the Human Rights Review Tribu- nal under this Act after the commencement day and that relate to an action that occurred before the commencement day must be dealt with under this Act.

10 (1) (2) Notifiable privacy breaches In this clause, notifiable privacy breach has the meaning given to it in sec- tion 117 of this Act.
The provisions of subpart 1 of Part 6 do not apply to a notifiable privacy breach that occurred before the commencement date day even if it continues after that date day.

10A Information matching agreements (1) An information matching agreement that was made under Part 10 of the Pri- vacy Act 1993 and that is in force immediately before the commencement day continues in force, in accordance with its terms, as if it had been made under subpart 4 of Part 7 of this Act and may at any time be amended.
(2) Any decision or thing done under the Privacy Act 1993 before the commence- ment day in relation to a proposed information matching agreement must be treated as if it had been made or done under this Act.

11 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 date day continues in force, in accordance with its terms, as if it had been made under subpart 1 of Part 7 of this Act.
(2) Any decision made or thing done under the Privacy Act 1993 before the com- mencement date day in relation to a proposed information sharing agreement must be treated as if it had been made or done under this Act.
11A 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 commencement day con- tinues in force, in accordance with its terms, as if it had been made under sec- tions 145 to 147 of this Act, and may at any time be amended.
(2) An Order in Council that was made under sections 96J to 96L of the Privacy Act 1993 but has not come into force before the commencement day, continues to have effect, in accordance with its terms, as if it had been made under sec- tions 145 to 147 of this Act, and may at any time be amended.
34—2/SOP No 482 131 Schedule 1 Proposed amendments to Privacy Bill 12 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 com- mencement date day continues in force, in accordance with its terms, as if it had been given by the Commissioner under section 195 of this Act.
13 (1) Police may continue to access law enforcement information in relation to persons aged 17 years Subclause (2) applies if, immediately before the commencement date day,— (a) the Police have commenced proceedings against a person aged 17 years, but those proceedings have not been completed, or, in respect of those proceedings, sentencing is pending; and (b) the Police are accessing, or intending to access, the item of law enforce- ment information in Schedule 5 of the Privacy Act 1993 relating to court records described as details of hearings.
(2) If this subclause applies, Schedule 5 of the Privacy Act 1993 continues in force in relation to accessing the records of the person aged 17 years until— (b) (c) (d) the proceedings referred to in subclause (1)(a) are discontinued or completed: the sentencing referred to in subclause (1)(a) is completed: the outcome of the proceedings and sentencing referred to in subclause (1)(a) has been recorded by the Police.
(3) Subclause (2) does not limit the application of section 19 of the Interpretation Act 1999.
132 34—2/SOP No 482 , ) 2 ( ) s ( Proposed amendments to Privacy Bill Schedule 3 e v i t a n r e t l a y n a d n a ( e m a n t n e d u t s : ) s e m a n : r e d n e g : y t i c i n h t e : h t r i b f o e t a d : ) n w o n k f i ( : s s e r d d a : s s e r d d a l i a m e : ) n w o n k f i ( : ) ( d e d n e t t a s l o o h c s : l e v e l r a e y d n a l o o h c s t f e l e t a d : d e d n e t t a s l o o h c s f o r e b m u n : ) l o o h c s h c a e r o f ( n o s a e r g n i v a e l ) a ( ) b ( ) c ( ) d ( ) e ( ) f ( ) g ( ) h ( ) i ( ) j ( ) k ( ) l ( ) m ( : l o o h c s g n i v a e l : ’ t n e d u t s n o n o i t a m r o f n i y n a : ) s ( e m a n t s r i f : h t r i b f o e t a d : e m a n r u s ) n ( ) o ( ) a ( ) b ( ) c ( l a i c o S f o y r t s i n i M / z n .
t v o g .

e c i v r e s h t u o y .

w w w / / : / e d i u g - r e d i v o r p / s r e d i v o r p - - n o i t a m r o f n i / s t n e i l c - .
g n i r a h s r o , ) ( d n a , g n i n i a r t , n o i t a c u d e , n i n i a m e r n o i t a m r o f n i : .
t v o g .

d r i .
w w w / / : ) a ( t l u d a f o y l p p u S : ) t s e r e t n i d n a , s e i t l a n e p , ( t b e d n a o l t r o p s s a p 34—2/SOP No 482 133 Schedule 3 Proposed amendments to Privacy Bill ) s ( 134 : r e b m u n e n o h p e l e t l a n o s r e p : r e b m u n e n o h p e l e t e l i b o m : r e b m u n e n o h p e l e t k r o w : r e b m u n t r o p s s a p : s s e r d d a y r e v i l e d t r o p s s a p : s s e r d d a e m o h s s e r d d a l i a m e : : : : n o i t a m r o f n i x a t : s t e s s a t u o b a n o i t a m r o f n i : n o i t a m r o f n i t n e m y o l p m e : s d r o c e r l a n o s r e p : s e t a i c o s s a s ’ : ) d ( ) e ( ) f ( ) g ( ) h ( ) i ( ) j ( ) a ( ) b ( ) c ( ) d ( ) e ( ) f ( ) g ( ) h ( ) i ( ) j ( e u n e v e R d n a l n I z n .
t v o g .

d r i .

w w w / / : p t t h .
, , n o i t c e t e d , n o i t n e v e r p e h t , “ , ( t b e d t n e r a p e l b a i l t r o p p u s : ) s e i t l a n e p - s a e s r e v o g n i s i v d a e u n e v e R d n a l n I ) c ( , : , ) d ( - ( t n e m e e r g a s n o i t a g i l b o t c a t n o c ) ) b ( g n i t a c o l f o e s o p r u p 34—2/SOP No 482 d
n i t a c o l f o e s o p r u p 34—2/SOP No 482 ) s ( Proposed amendments to Privacy Bill Schedule : k s i r t a s i y l i m a f s ’ : y l i m a f s ’ d l i h c : h t r i b f o e t a d s ’ d l i h c a : s r e v i g e r a c d n a ) b ( ) c ( ) d ( s ’ d l i h c a t u o b a n o i t a m r o f n i ) e ( : t c e l g e n r o e s u b a t n e r r u c s ’ , g n i e b - l l e w s u o i v e r p d n a s e u s s i d n a , s e c n a t s m u c r i c l a i c n a n i f - l l e w s ’ , g n i e b : s e c n a t s m u c r i c ) f ( s t n e r a p s ’ d l i h c e h t f o , , d l i h c a f o s s e r d d a d n a e m a n e h t ) a ( l a i c o S f o y r t s i n i M t n e m p o l e v e D z n .
t v o g .

n a l p n o i t c a s n e r d l i h c / / : p t t h z n .

t v o g .

d s m w w w .
/ / : p t t h n e r d l i h c k s i r - t a f o g n i e b - , 4 1 0 2 y l u J , ” 5 1 0 2 g n i r a h S n o i t a m r o f n I k s i r - , n o i t c e t e d 34—2/SOP No 482 135 Schedule 3 Proposed amendments to Privacy Bill ) s ( 136 : y l i m a f s ’ , n o i t a c u d e s ’ d l i h c a o t t c e p s e r h t i w d e s i a r : : e c n e l o i v s ’ : : s s e n l l i ) g ( ) h ( ) i ( ) j ( ) k ( ) l ( o h w n o s r e p d n a d l i h c a a t u o b a n o i t
: : ) m ( ) n ( , , .
t v o g .

e c i t s u j .
w w w / / : 34—2/SOP No 482 Proposed amendments to Privacy Bill , , — g n i d u l c n i , s p i h s n o i t a l e r : n o i t a m r o f n i g n i y f i t n e d i : n o i t a m r o f n i t c a t n o c ) a ( ) b ( ) c ( h t r i b f o s e t a d d n a , , s e s a i l a , s e m a n c i t s e m o d a d a h r o d n a ; p i h s n o i t a l e r ) i ( e s o h t f o y n a o t n o i t a l e r n i ) i i ( n o i t a m r o f n i , s n o s r e p , , : x a t t u o b a n o i t a m r o f n i d n a , e c n a t s i s s a Schedule 3 : : e m o c n i l a i c o s t u o b a n o i t a m r o f n i : e c n a t s i s s a x a t t u o b a n o i t a m r o f n i ) d ( ) e ( ) f ( ) g ( e u n e v e R d n a l n I z n .
t v o g .

d s m w w w .

/ / : p t t h z n .

t v o g .

d r i .
w w w / / : p t t h s t i f e n e b , o t t n e m e l t i t n e d n a , , , 34—2/SOP No 482 137 ) s ( Schedule 3 Proposed amendments to Privacy Bill ) s ( 138 g n i d e e c o r p y n a o t n e v i g I R C e h t : e
, : , : n o i t a m r o f n i p i h s n o i t a l e r y l i m a f : : n o i t a m r o f n i e c n a t s i s s a l a i c o s : n o i t a m r o f n i l a i c n a n i f : n o i t a m r o f n i t n e m y o l p m e : n o i t a m r o f n i n o i t a c u d e : : : n o i t a m r o f n i g n i y f i t n e d i : s n o i t a i c o s s a g n a g : s l i a t e d t c a t n o c : n o i t a m r o f n i g n i s u o h : n o i t a m r o f n i t e s s a : n o i t a m r o f n i x a t ) a ( ) b ( ) c ( ) a ( ) b ( ) c ( ) d ( ) e ( ) f ( ) g ( ) h ( ) i ( ) j ( ) k ( ) l ( ) m ( ) n ( e c i t s u J f o y r t s i n i M z n .
t v o g .

e c i t s u j .
w w w / / : p t t h : : ) a ( ) b ( ) c ( .
t v o g .

e c i l o p .
w w w / / : p t t h : y t e f a s c i l b u p g n i n i a t n i a m : n o i t n e v e r p e m i r c t n e m e c r o f n e w a l ) a ( ) b ( ) c ( 34—2/SOP No 482 Proposed amendments to Privacy Bill : , t n e m e v o m , l e v a r t : n o i t a m r o f n i : n o i t a m r o f n i s n o i t a c i n u m m o c : n o i t a m r o f n i t r o p x e d n a t r o p m i : s r e h t o f o y t e f a s o t k s i r r o t a e r h t : - f o - t x e n : n o i t a m r o f n i e g n a h c e m a n : n o i t a m r o f n i t n a r b e l e c : n o i t a m r o f n i h t a e d s a e s r e v o : n o i t a m r o f n i n o i n u l i v i c : n o i t a m r o f n i e g a i r r a m : n o i t a m r o f n i h t r i b : n o i t a m r o f n i h t a e d : : n o i t a m r o f n i p i h s n e z i t i c : n o i t a m r o f n i : : n o i t a m r o f n i t n e m u c o d ) o ( ) p ( ) q ( ) r ( ) s ( ) t ( ) u ( ) a ( ) b ( ) c ( ) d ( ) e ( ) f ( ) g ( ) h ( ) i ( ) j ( ) k ( ) l ( Schedule ) m ( : : n o i t a m r o f n i t n e m u c o d : n o i t a m r o f n i s n o i t a c i n u m m o c : s t r e l a r e m o t s u c ) n ( ) o ( ) p ( s r i a f f A l a n r e t n I f o t n e m t r a p e D / z n .
t v o g .

a i d .
w w w / / : , n o i t a g i t s e v n i , n o i t c e t e d , n o i t n e v e r p e h t : s e c n e f f o : s e c i v r e s ) a ( ) b ( s g n i d e e c o r p l i v i c f o t c u d n o c e h t ) c ( - 34—2/SOP No 482 139 ) s ( Schedule 3 Proposed amendments to Privacy Bill ) s ( 140 : h t r i b f o e t a d s ’ l a u d i v i d n i e h t : e m a n l l u f s ’ l a u d i v i d n i e h t : y t i l a n o i t a n s ’ l a u d i v i d n i e h t : p i h s n e z i t i c s ’ l a u d i v i d n i e h t : r e d n e g s ’ l a u d i v i d n i e h t .
s l i a t e d t c a t n o c w e N s ’ l a u d i v i d n i e h t f o r e b m u n e h t : ’ l a u d i v i d n i e h t : : : ’ l a u d i v i d n i e h t s ’ e c i v r e S s m o t s u C d n a l a e Z w e N : s m e t s y s r e t u p m o c ) q ( ) a ( ) b ( ) c ( ) d ( ) e ( ) f ( ) g ( ) h ( ) i ( ) j ( .
d n a l a e Z w e N n i l a v i r r a ) i i ( w e N m o r f e r u t r a p e d ) i ( r o ; d n a l a e Z e h t f o e c a l p d n a , e t a d , e m i t e h t ) k ( — s ’ l a u d i v i d n i s ’ : ’ l a u d i v i d n i ) a ( ) b ( l a i c o S f o y r t s i n i M t n e m p o l e v e D z n .

t v o g .

s m o t s u c .


w w w / / : p t t h r o , o t t n e m e l t i t n e e h t f o t n e m s s e s s a : t i f e n e b y n a , r o f y t i l i b i g i l e e h t z n .

t v o g .

d s m w w w .

/ / : p t t h t n e i c i f f e d n a e t a r u c c a e h t ) a ( ) b ( .
34—2/SOP No 482 e c i l o P d n a l a e Z w e N z n .

t v o g .

e c i l o p .

w w w / / : .

t v o g .

a i d .
w w w / / : - Proposed amendments to Privacy Bill n o i t a l e r n i d e r i p x e r o , n w a r d h t i w , e d a m n o i t c e r i d e r u s o l c s i d - n o n e g n a h c e m a n s ’ l a u d i v i d n i n a o t s ’ l a u d i v i d n i e h t f i , n o i t a m r o f n i : , n w a r d h t i w , e d a m n o i t c e r i d e r u s o l c s i d - n o n e g n a h c e m a n s ’ l a u d i v i d n i n a o t s ’ l a u d i v i d n i e h t f i , .
d n a l a e Z Schedule 3 : n o i t a m r o f n i e g n a h c e m a n : n o i t a m r o f n i t n a r b e l e c : n o i t a m r o f n i h t a e d s a e s r e v o : n o i t a m r o f n i n o i n u l i v i c : n o i t a m r o f n i e g a i r r a m : n o i t a m r o f n i h t r i b : n o i t a m r o f n i h t a e d : n o i t a m r o f n i e g n a h c e m a n s a e s r e v o ) e ( ) f ( ) a ( ) b ( ) c ( ) d ( ) e ( ) f ( ) g ( ) h ( : ’ l a u d i v i d n i e h t d n a , ’ l a u d i v i d n i s ’ l a u d i v i d n i e h t t u b , : d n a l a e Z ) c ( n o i t a l e r n i d e r i p x e r o , n w a r d h t i w , e d a m n o i t c e r i d e r u s o l c s i d - n o n ) d ( h t r i b s ’ l a u d i v i d n i n a o t : .
t v o g .

a i d .

w w w / / : , n o i t a g i t s e v n i , n o i t c e t e d , n o i t n e v e r p e h t : s e c n e f f o : s e c i v r e s ) a ( ) b ( .
s g n i d e e c o r p l i v i c f o t c u d n o c e h t ) c ( - 34—2/SOP No 482 141 ) s ( Schedule 3 Proposed amendments to Privacy Bill ) s ( 142 n o i n u l i v i c d n a e g a i r r a m s a e s r e v o : n o i t a m r o f n i : n o i t a m r o f n i p i h s n e z i t i c : : n o i t a m r o f n i t n e m u c o d ) i ( ) j ( ) k ( ) l ( ) m ( l e v a r t e e g u f e r d n a l a e Z w e N : n o i t a m r o f n i t n e m u c o d : n o i t a m r o f n i s n o i t a c i n u m m o c : n o i t a m r o f n i .
s t n e m e g d o l e g n a h c e m a n : s t r e l a r e m o t s u c : s l i a t e d t c a t n o c ) n ( ) o ( ) p ( ) q ( ) r ( 34—2/SOP No 482 Accessing agency Department of Corrections Department of Internal Affairs Schedule 4 ss 165, 168 Holder agency Department of Internal Affairs MBIE (Immigration) Ministry of Health and District Health Boards (only in relation to special patients, restricted patients, and special care recipients) Ministry of Justice New Zealand Police New Zealand Transport Agency Registrar-General Department of Corrections MBIE (Immigration) Ministry of Health and District Health Boards (only in relation to special patients, restricted patients, and special care recipients) New Zealand Police New Zealand Transport Agency Proposed amendments to Privacy Bill Schedule 4 Identity information Purpose of access To verify the identity of— (a) (b) a person under control or supervision (as defined in section 3(1) of the Corrections Act 2004): a person who, under section 30B of the Bail Act 2000, has been granted bail with an electronic monitoring condition To verify the identity of a person who has applied for— (a) the issue of— (i) (ii) (iii) a New Zealand travel document: a certificate of New Zealand citizenship: an electronic identity credential: (b) the registration of a name change To verify the identity of a person who has applied for the issue of— (a) (b) (c) a New Zealand travel document: a certificate of New Zealand citizenship: an electronic identity credential MBIE (Immigration) To verify the identity of a person— Department of Corrections Department of Internal Affairs 34—2/SOP No 482 143 Schedule 4 Accessing agency Proposed amendments to Privacy Bill Purpose of access (a) who is seeking to travel to New Zealand: (b) (c) (d) Holder agency Ministry of Health and District Health Boards (only in relation to special patients, restricted patients, and special care recipients) Ministry of Justice who is arriving in or departing from New Zealand: who is applying for a visa: New Zealand
 Customs Service New Zealand Police New Zealand Transport Agency Registrar-General who an immigration officer has good cause to suspect— (i) (ii) (iii) (iv) has committed an offence against the Immigration Act 2009: has obtained a visa under a fraudulent identity: is liable for deportation or turnaround: is unlawfully in New Zealand Ministry of Health and District Health Boards New Zealand Customs Service To verify the identity of a person who— (a) (b) is being admitted, or returned, to a hospital as a special patient or restricted patient; or is being admitted, or returned, to a secure facility as a special care recipient To verify the identity of a person who— (a) (b) is in a Customs- controlled area; and is departing, or attempting to depart, from New Zealand Department of Corrections Department of Internal Affairs MBIE (Immigration) New Zealand Police Registrar-General Department of Corrections Department of Internal Affairs MBIE (Immigration) Ministry of Health and District Health Boards (only in relation to special patients, restricted patients, and special care recipients) 144 34—2/SOP No 482 Proposed amendments to Privacy Bill Accessing agency Purpose of access New Zealand Police To verify the identity of a person— (a) (b) (c) whose identifying particulars have been taken under section 32 or 33 of the Policing Act 2008: whose identifying particulars have been taken under section 11 of the Returning Offenders (Management and Information) Act 2015: who has breached, has attempted to breach, or is preparing to breach a condition of any sentence, or order imposed under any enactment, that the person not leave New Zealand To verify the identity of a person who has applied for the registration of a name change Registrar-General Schedule 4 Holder agency New Zealand Transport Agency Registrar-General Department of Corrections Department of Internal Affairs MBIE (Immigration) Ministry of Health and District Health Boards (only in relation to special patients,
 restricted patients, and special care recipients) New Zealand Customs Service New Zealand Transport Agency Registrar-General MBIE (Immigration) Ministry of Health and District Health Boards (only in relation to special patients, restricted patients, and special care recipients) New Zealand Police New Zealand Transport Agency Note: A reference in this schedule to MBIE (Immigration) is a reference to the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009.
Note: 1 2 3 References in this schedule to the Department of Internal Affairs are references to the parts of the Department of Internal Affairs that administer the Citizenship Act 1977 and Passports Act 1992.

References in this schedule to MBIE (Immigration) are references to the part of the Ministry of Business, Innovation, and Employment that administers the Immigration Act 2009.
References in this schedule to the Registrar-General are references to the Registrar-General appointed under section 79(1) of the Births, Deaths, Marriages, and Relationships Registration Act 1995, and include a Deputy Registrar-General.
34—2/SOP No 482 145 Schedule 5 Proposed amendments to Privacy Bill Schedule 5 Law enforcement information Court records ss 172, 173 Subject Court document processing Details of hearings Description Particulars of proceedings in respect of which informations are to be laid or charging documents filed; the acceptance of data for and the preparation of associated documents Details of hearings of proceedings in respect of which informations have been laid or charging documents have been filed, including convictions, sentences, and all other matters ancillary and subsequent to a determination Enforcement of fines and other orders Non-performance of bail conditions Particulars of writs, warrants, or orders in force and issued or made on default in the payment of fines or other monetary sums ordered in proceedings; particulars of the persons to whom the writs, warrants, or orders relate; and particulars of fines, sentences, or orders imposed or made against those persons, including the amounts remaining payable thereunder and the arrangements for payment Records relating to failure to comply with bail conditions Access available to Police Serious Fraud Office Department of Corrections Legal Services Commissioner, limited only to finding out whether an applicant for criminal legal aid has any charges currently pending determination by the courts Police (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 18 years, where the offence did not carry a liability to imprisonment) New Zealand Transport Agency (access is limited to traffic cases only) Serious Fraud Office (access is limited so as to exclude details relating to young persons, being persons over 14 years but under 18 years, where the offence did not carry a liability to imprisonment) Department of Corrections Legal Services Commissioner, for the purpose of determining an application for a grant of legal aid (access is limited so as to exclude details relating to young persons, being persons over 14 years but
 under 18 years, where the offence did not carry a liability to imprisonment) Ministry of Justice (access for the purpose of responding to requests for criminal conviction histories) Police Department of Corrections Legal Services Commissioner, for the purpose of determining an application for a grant of legal aid in relation to a criminal matter Ministry of Justice (access for the purpose of responding to requests for criminal conviction histories) Police 146 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 5 Subject Description entered under section 39(3) of the Bail Act 2000 Access available to Ministry of Justice records Access available to New Zealand Transport Agency (access is limited to recording, on the driver licence register, the service, cancellation, or termination of an order and any amendments required to the person’s full address and telephone number, and to replacing a driver licence following the cancellation or termination of the order) Subject Driver licence stop orders Description Particulars of each order served, cancelled, or terminated, the full name, full address, telephone number, driver licence number, and date of birth of the person on whom the order was served; the date and time when the order was served on the person, the date of the cancellation or termination of the order, and any amendments required, as at the date of service, cancellation, or termination, to the person’s full address and telephone number Police records Subject Details of overseas hearings Description Details of hearings of overseas proceedings before overseas courts, including convictions, sentences, and all other matters ancillary and subsequent to a determination Police temporary file index Offender identity Details of active or recently closed Police files, including the file numbers and location of the files, and the names of complainants, victims, witnesses, suspects, and alleged offenders Particulars of the identity of persons who have been
 charged with an offence Access available to Ministry of Justice Department of Corrections Serious Fraud Office Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52 of the Outer Space and High-altitude Activities Act 2017) Ministry of Justice (access is limited to— (a) obtaining information about parties to offences for the purpose of processing cases before a court: (b) updating Police records) Department of Corrections (access is limited to identity details for the purposes of— (a) (b) entering information relating to prosecutions initiated otherwise than by the Police; or undertaking criminal history checks of persons wishing to visit prisons who have consented to such a check; or entering information relating to prosecutions initiated otherwise than by the Police; or 34—2/SOP No 482 147 Schedule 5 Proposed amendments to Privacy Bill Subject Description Victim identity Medical details The name, sex, date of birth, address, and telephone number of persons who are the victims of a criminal offence in respect of which another person has been charged An indicator to identify persons who are or have been special patients under the Mental Health (Compulsory Assessment and Treatment) Act 1992 or any former Act and the hospitals at which those persons are or have been detained as special patients, or as committed patients, or as patients (within the meaning of that Act) Access available to (c) research conducted by the department, and with the limitation that information so obtained must not be published in a form that could reasonably be expected to identify the individual concerned) Ministry of Justice (access is limited to— (a) identity details for the purposes of— (i) (ii) entering information relating to prosecutions initiated otherwise than by the Police; or providing assistance to victims in accordance with the Sentencing Act 2002, the Parole Act 2002, the Victims’ Rights Act 2002, and the Prisoners’
 and Victims’ Claims Act 2005; or (b) (iii) updating an existing database of court proceedings; or obtaining information for the purpose of research conducted by the Ministry, and with the limitation that information so obtained must not be published in a form that could reasonably be expected to identify the individual concerned) Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52 of the Outer Space and High-altitude Activities Act 2017) Ministry of Justice (access is limited to identity details for the purpose of providing assistance to victims in accordance with the Sentencing Act 2002, the Parole Act 2002, the Victims’ Rights Act 2002, and the Prisoners’ and Victims’ Claims Act 2005) New Zealand Transport Agency (access is limited to obtaining information for the purposes of— (a) (b) section 19 of the Land Transport Act 1998; or subpart 2 of Part 4A of the Land Transport Act 1998) Department of Corrections Ministry of Justice 148 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 5 Subject Traffic offence and infringement enforcement and document processing Description Traffic offence and infringement enforcement processing, including infringement fees enforcement and preparation of documents Vehicles of interest Vehicles impounded under Land Transport Act 1998 Wanted persons Particulars of motor vehicles stolen, unlawfully taken, missing, abandoned, or found, or where location is for other reasons required to be known by the Police Particulars of an impounded vehicle, including make, model, type, registration plate number, vehicle identification number; the section of the Land Transport Act 1998 under which it is impounded, the date on which it was impounded, and the place where it is impounded; whether any appeals are yet to be determined; particulars of the person who was driving the vehicle immediately before its impoundment, including the full name, full address, telephone
 number, occupation, driver licence number, and date of birth of that person and the same particulars also for every other person who is registered in respect of the vehicle Particulars concerning persons wanted for arrest Access available to New Zealand Transport Agency Ministry of Justice (access is limited to obtaining information for the purpose of processing cases before a court) Legal Services Commissioner (access is limited to obtaining information for the purpose of processing cases before a court, and for determining an application for a grant of legal aid relating to a criminal matter) Registrar of Motor Vehicles (access is limited so as to exclude any particulars that the Police may determine in any case) Ministry of Justice (access is limited to giving effect to action taken, under Part 3 of the Summary Proceedings Act 1957, to enforce the payment of fines, reparation, and related payments) New Zealand Transport Agency (access is limited to obtaining information for the purposes of— (a) (b) subpart 2 of Part 4A of the Land Transport Act 1998: carrying out the functions conferred on the Agency by section 95(1) of the Land Transport Management Act 2003) Ministry of Justice (access is limited to persons wanted in connection with fines enforcement) Ministry of Business, Innovation, and Employment (access is limited to obtaining information for the purposes of section 52 34—2/SOP No 482 149 Schedule 5 Proposed amendments to Privacy Bill Subject Description Missing persons Particulars concerning persons missing or required to be located Firearms licences Particulars of persons authorised to possess firearms in accordance with the Arms Act 1983 Protection orders Details of protection orders made under the Domestic Violence Act 1995 Restraining orders Details of restraining orders made under the Harassment Act 1997 Access available to of the Outer Space and High-altitude Activities Act 2017) New Zealand Transport Agency (access is limited so as to exclude any
 particulars that the Police may determine in any case) Ministry of Justice (access is limited to persons required to be located in connection with fines enforcement) Ministry of Justice (access is limited to identity details of persons who possess firearms, where that information is required for the purpose of serving orders made under the Domestic Violence Act 1995 Family Violence Act 2018) Department of Corrections (access is limited to obtaining information about any offender who is subject to a protection order while also subject to— (a) (b) (c) (d) (e) (f) a full-time custodial sentence (including while released on parole or subject to conditions imposed under section 93 of the Sentencing Act 2002); or a sentence of supervision, intensive supervision, community work, or community detention; or a non-association order; or a sentence of home detention (including while subject to post- detention conditions); or an extended supervision order; or a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection Orders) Act 2014 Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, any post-sentence supervision, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with any protection order) Department of Corrections (access is limited to obtaining information about any offender who is subject to a restraining order while also subject to— (a) a full-time custodial sentence (including while released on parole or subject to conditions imposed under section 93 of the Sentencing Act 2002); or 150 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 5 Subject Description Non-contact orders Details of non-contact orders made under the Victims’ Orders Against Violent Offenders Act 2014 Access available to (b) a sentence of supervision, intensive supervision, community work, or community detention; or (c) (d) (e) (f) a
 non-association order; or a sentence of home detention (including while subject to post- detention conditions); or an extended supervision order; or a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection) Orders Act 2014 Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, any post-sentence supervision, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with any restraining order) Department of Corrections (access is limited to obtaining information about any offender who is subject to a non-contact order while also subject to— (a) (b) (c) (d) (e) (f) a full-time custodial sentence (including while released on parole or subject to an extended supervision order made under section 107I of the Parole Act 2002 or to conditions imposed under section 93 of the Sentencing Act 2002); or a sentence of intensive supervision, community detention, community work, or supervision; or a non-association order; or a sentence of home detention (including while subject to post- detention conditions); or an extended supervision order; or a public protection order, a prison detention order, or a protective supervision order under the Public Safety (Public Protection) Orders Act 2014 Access is for the purpose of managing the offender’s sentence, any post-sentence conditions, any post-sentence supervision, or any order under the Public Safety (Public Protection Orders) Act 2014 in a manner consistent with any non-contact order) 34—2/SOP No 482 151 Schedule 5 Proposed amendments to Privacy Bill New Zealand Transport Agency records Access available to Description Department of Corrections A national register of all driver licences Ministry of Justice Subject Driver licence register (except photographic images on driver licences) Police Serious Fraud Office Road User Charges Collector (access is limited to obtaining information for the
 purpose of verifying the identity of people who are or apply to be holders of licences issued under the Road User Charges Act 2012) Registrar of Motor Vehicles (access is limited to obtaining information for the purposes of— verifying the identity of people who are or apply to be registered on the register of motor vehicles in respect of motor vehicles; or correcting or updating information held on the register of motor vehicles about such people) (a) (b) Police Police Police Transport services licensing register Demerit points Rail licensing register A national register of all transport service licences The recording of demerit points in relation to traffic offences A national register of all licences under the Railways Act 2005 Registrar of Motor Vehicles records Subject Motor vehicles register Description A national register of all motor vehicles Access available to Ministry of Justice (including for the purpose of enforcing civil debts) Police Serious Fraud Office WorkSafe New Zealand (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing the health and safety at work legislation) Ministry of Business, Innovation, and Employment (access is limited to name and address details of persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing immigration legislation) Ministry for Primary Industries (access is limited to name and address details of 152 34—2/SOP No 482 Subject Description Proposed amendments to Privacy Bill Schedule 5 Access available to persons who are or were previously registered in respect of a specified vehicle for the purposes of enforcing fisheries legislation and any other enactment that confers enforcement powers on fisheries officers) New Zealand Customs Service (access is limited to obtaining information for the purposes of enforcing legislation for which the Service has enforcement powers)
 New Zealand Transport Agency (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Agency by section 95(1) of the Land Transport Management Act 2003) Legal Services Commissioner (access is limited to obtaining information for the purpose of determining an applicant’s financial eligibility for a grant of legal aid in relation to a criminal matter) An enforcement authority under the Land Transport Management Act 2003.
Road User Charges Collector records Subject Road user charges Description Details of licences issued under the Road User Charges Act 2012 and details of the corresponding licence holders Access available to Police (access is limited to obtaining information for the purpose of enforcing the Road User Charges Act 2012) New Zealand Transport Agency (access is limited to obtaining information for the purposes of carrying out the functions conferred on the Agency by section 95(1) of the Land Transport Management Act 2003) Subject Community-based sentences, sentences of home detention, and conditions of release Department of Corrections records Description Particulars of persons— Access available to Police (access is limited to— (a) (b) the person’s area of reporting: in the case of a person released from a prison, the conditions of the person’s release (whether imposed on release or imposed or varied subsequently, and including any direction issued to that person by a probation officer)) Ministry of Justice (a) (b) released on probation or parole, or released on conditions under Part 6 of the Criminal Justice Act 1985, or sentenced to supervision; or released on parole, home detention, or compassionate release under subpart 2 of Part 1 of the Parole Act 2002 or sentenced to supervision, intensive 34—2/SOP No 482 153 Schedule 5 Proposed amendments to Privacy Bill Subject Description Access available to supervision, community work, community detention, or home detention.
Extended supervision orders Records of prisoners Details of extended supervision orders made under Part 1A of the Parole Act 2002 Particulars of prisoners in a prison, including the date of release from the prison Police (access is for the purpose of managing the conditions of the extended supervision order) Police (access is limited to the location and the date of release of the prisoner) Ministry of Justice 154 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 6 Information matching provisions Schedule 6 ss 177, 188 Enactment Accident Compensation Act 2001 Births, Deaths, Marriages, and Relationships Registration Act 1995 Citizenship Act 1977 Corrections Act 2004 Customs and Excise Act 2018 Education Act 1989 Electoral Act 1993 Electronic Identity Verification Act 2012 Immigration Act 2009 Motor Vehicle Sales Act 2003 Social Security Act 2018 Student Loan Scheme Act 2011 Tax Administration Act 1994 Information matching provision Sections 246, 280, and 281 Section 78A Section 26A Sections 180 to 180D and 181 Sections 306 to 310 Sections 226A, 235F, 307D, and 360 Sections 263A and 263B Section 39 Sections 294, 295, 298, 299, and 300 Sections 120 to 123 Section 385(3), clauses 13 and 15 of Schedule 6 Section 208 Sections 82, 85A, 85B, 85E, Clauses 41, 42, 43, and 85H 45 of Schedule 7 34—2/SOP No 482 155 Schedule 7 Proposed amendments to Privacy Bill Schedule 7 Information matching rules ss 177, 178, 189 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 that the individuals who will be affected by the programme are noti- fied of the programme.
(2) Nothing in subclause (1) requires an agency to notify any individual about an authorised information matching programme if to do so would be likely to frus- trate the objective of the programme.

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 success of the programme.
3 (1) (2) Technical standards The agency primarily responsible for the operation of an authorised informa- tion matching programme must establish and maintain detailed technical stand- ards to govern the operation of the programme.
The technical standards established by an agency in accordance with sub- clause (1) must deal with the following matters: (a) the integrity of the information to be matched, with particular reference to— (i) (ii) key terms and their definition; and relevance, timeliness, and completeness: (b) the matching techniques to be used in the programme, with particular reference to— (i) (ii) (iii) (iv) (v) the matching algorithm: any use of unique identifiers: the nature of the matters being sought to be identified by the matching process: the relevant information definitions: the procedure for recognising matches: (c) the controls being used to ensure the continued integrity of the pro- gramme, including the procedures that have been established to confirm the validity of matching results: 156 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 7 (d) the security features included within the programme to minimise and audit access to personal information, including the means by which the information is to be transferred between agencies.
(3) The technical standards established in accordance with subclause (1) must be incorporated in a written document (in this clause, a Technical Standards Report), and copies of the Technical Standards Report must be held by all agencies that are involved in the authorised information matching programme.

(4) Variations may be made to a Technical Standards Report by way of a Variation Report appended to the original report.
(5) (6) (7) 4 (1) (2) The agency that prepares a Technical Standards Report must forward a copy of that report, and of every Variation Report appended to that report, to the Com- missioner.

The Commissioner may at any time direct that a Technical Standards Report be varied, and that direction must be complied with by the agency that prepared the report.
Every agency involved in an authorised information matching programme must comply with the requirements of the associated Technical Standards Report (including any variations made to the report).

Safeguards for individuals affected by results of programmes The agencies involved in an authorised information matching programme must establish reasonable procedures for confirming the validity of discrepancies before an agency seeks to rely on them as a basis for action in respect of an individual.
Subclause (1) does not apply if the agencies concerned consider that there are reasonable grounds to believe that the results are not likely to be in error, and in forming that view the agencies must have regard to the consistency in content and context of the information being matched.
(3) Where those confirmation procedures do not take the form of checking the results against the source information, but instead involve direct communica- tion with the individual affected, the agency that seeks to rely on the discrep- ancy as a basis for action in respect of an individual must notify the individual affected that no check has been made against the information which formed the basis for the information supplied for the programme.
(4) 5 (1) Every notification in accordance with subclause (3) must include an explan- ation of the procedures that are involved in the examination of a discrepancy revealed by the programme.
Destruction of information In this clause, information matching information means— 34—2/SOP No 482 157 Schedule 7 Proposed amendments to Privacy Bill (a) (b) information that is disclosed to an agency under an information match- ing provision for use in an authorised information matching programme; and information that is produced from an authorised information matching programme.
(2) Information matching information held by an agency that does not reveal a dis- crepancy must be destroyed as soon as practicable by the agency.

(3) An agency that holds information matching information that reveals a discrep- ancy must destroy that information within 60 working days after becoming aware of the discrepancy unless the agency decides to take adverse action against any individual on the basis of that discrepancy.
(4) An agency that decides to take adverse action against any individual on the basis of a discrepancy must destroy the information as soon as practicable after the information is no longer required.

(5) 6 (1) (2) (3) This clause does not apply in relation to the Inland Revenue Department.
No new databank 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 merged in such a way that a new separate perman- ent register or databank of information is created about all or any of the indi- viduals whose information has been subject to the programme.
Subclause (1) does not prevent an agency from maintaining a register of indi- viduals in respect of whom further inquiries are warranted following a discrep- ancy revealed by the programme, but information relating to an individual may be maintained on a register of that kind only for so long as is necessary to enable those inquiries to be carried out, and in no case longer than is necessary to enable any adverse action to be taken against an individual.
Subclause (1) does not prevent an agency from maintaining a register for the purpose of excluding individuals from being selected for investigation, but that register may contain only the minimum amount of information necessary for that purpose.
158 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Schedule 8 Amendments to other enactments related to subpart 4 of Part 7 s 190 Accident Compensation Act 2001 (2001 No 49) After section 246(7), insert: (8) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(9) On or after 1 March 2020, no information may be requested or provided under this section except under— (a) (b) an agreement continued by subsection (8) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(8) On or after 1 November 2020, no information may be requested or provided under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Replace section 280(2) with: (2) The purpose of this section is to facilitate the disclosure of information by the Department of Corrections (the Department) to the Corporation for the pur- pose of verifying— (a) (b) the entitlement or eligibility of any person to or for any payment; or the amount of any payment to which any person is or was entitled or for which any person is or was eligible.

In section 280(3) and (5), delete “concerned”.


In section 280(3)(b), replace “that Department” with “the Department”.

After section 280(5), insert: (6) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(7) On or after 1 March 2020, no information may be disclosed under this section except under— 34—2/SOP No 482 159 Schedule 8 Proposed amendments to Privacy Bill Accident Compensation Act 2001 (2001 No 49)—continued (a) (b) an agreement continued by subsection (6) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(6) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 281(5), insert: (6) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(7) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (6) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(6) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.

In section 343(1), after “363,”, insert “370, 371,”.
Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16) After section 78A(4A), insert: (4B) Any agreement entered into under subsection (2) and Part 10 of the Privacy Act 1993 that is in force immediately before 1 March 2020 continues in force as if it had been entered into under subsection (2) and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(4C) On or after 1 March 2020, no information may be disclosed under this section except under— (a) an agreement continued by subsection (4B) (as may be amended); or 160 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16) —continued (b) an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
After section 78A(4A), insert: (4B) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) (c) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an information matching agreement entered into under subpart 4 of Part 7 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Repeal section 78B.

In Schedule 1A, repeal the item relating to the Accident Compensation Corporation.

Citizenship Act 1997 1977 (1997No 61) (1977 No 61) In the heading to section 26A, delete “specified”.

In section 26A(1), delete “specified”.

In section 26A(2), replace “a specified agency” with “an agency”.

In section 26A(2), replace “the specified agency” with “the agency”.
After section 26A(5A), insert: (5B) Any agreement entered into under subsection (2) and Part 10 of the Privacy Act 1993 that is in force immediately before 1 March 2020 continues in force as if it had been entered into under subsection (2) and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5C) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (5B) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5B) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an information matching agreement entered into under subpart 4 of Part 7 of the Privacy Act 2018; or 34—2/SOP No 482 161 Schedule 8 Proposed amendments to Privacy Bill Citizenship Act 1997 1977 (1997No 61) (1977 No 61)—continued (c) an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Replace section 26A(6), with: (6) In this section, citizenship information— (a) means information held by the Secretary that relates to the acquisition or loss of citizenship by, or the citizenship status of, any person; and (b) includes information as to any change of identity or gender.

In the Schedule 4 heading, delete “specified”.

In Schedule 4, heading above first column of the table, replace “Specified agency” with “Agency”.
In Schedule 4, repeal the items relating to— (a) Department of Inland Revenue: (b) Ministry of Social Development: (c) Ministry of Education.
Corrections Act 2004 (2004 No 50) After section 180A(3), insert: (4) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (4) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(4) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 181(5), insert: (5A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 that is in force immediately before 1 March 2020 continues in force as 162 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Corrections Act 2004 (2004 No 50)—continued if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Customs and Excise Act 2018 (2018 No 4) After section 306(5), insert: (5A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 307(5), insert: (5A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
34—2/SOP No 482 163 Schedule 8 Proposed amendments to Privacy Bill Customs and Excise Act 2018 (2018 No 4)—continued (5B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 308(5), insert: (5A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 309(6), insert: (6A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information under subsection (2) that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Pri- vacy Act 2018 and may at any time be amended.
(6B) On or after 1 March 2020, no information may be supplied under this section except under— (a) an agreement continued by subsection (6A) (as may be amended); or 164 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Customs and Excise Act 2018 (2018 No 4)—continued (b) an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(6A) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 310(5), insert: (5A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Education Act 1989 (1989 No 80) In section 226A(3), delete “, in accordance with arrangements under the Privacy Act 1993 previously agreed between the chief executive and any institution (or, where they are unable to agree, in accordance with arrangements under that Act settled by the Privacy Commissioner appointed under the Privacy Act 1993),”.
After section 226A(8), insert: (8A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information under subsection (7) that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Pri- vacy Act 2018 and may at any time be amended.
34—2/SOP No 482 165 Schedule 8 Proposed amendments to Privacy Bill Education Act 1989 (1989 No 80)—continued Replace section 226A(9) with: (9) In respect of any agreement to which subsection (8A) refers, section 182 of the Privacy Act 2018 applies as if subsection (1) of that section also requires the Commissioner, before seeking a report on any of the matters in section 182(2)(a), (d), and (e) from a tertiary institution, to seek a report on the matter from the department for the time being responsible for the adminis- tration of the Social Security Act 2018.
Replace section 226A(9) with: (9) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) (c) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an information matching agreement entered into under subpart 4 of Part 7 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
In respect of any information matching agreement referred to in subsection (9), section 182 of the Privacy Act 2018 applies as if subsection (1) of that section also required the Commissioner, before seeking a report on any of the matters in subsection 182(2)(a), (d), and (e) from a tertiary institution, to seek a report on the matter from the department for the time being respon- sible for the administration of the Social Security Act 2018.
(10) In section 235F(3), delete “in accordance with arrangements under the Privacy Act 1993 previously agreed between the chief executive and any institution (or, where they are unable to agree, in accordance with arrangements under that Act settled by the Privacy Commissioner appointed under the Privacy Act 1993),”.
After section 235F(8), insert: (8A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information under subsection (7) that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Pri- vacy Act 2018 and may at any time be amended.
Replace section 235F(9) with: (9) 166 In respect of any agreement to which subsection (8A) refers, section 182 of the Privacy Act 2019 applies as if subsection (1) of that section also requires the Commissioner, before seeking a report on any of the matters in section 182(2)(a), (d), and (e) from a tertiary institution, to seek a report on the matter from the department for the time being responsible for the adminis- tration of the Social Security Act 2018.
34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Education Act 1989 (1989 No 80)—continued Replace section 235F(9) with: (9) On or after 1 November 2020, no information may be supplied under this section except under— (10) (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
In respect of any information matching agreement referred to in subsection (9), section 182 of the Privacy Act 2018 applies as if subsection (1) of that section also required the Commissioner, before seeking a report on any of the matters in subsection 182(2)(a), (d), and (e) from a private training establishment, to seek a report on the matter from the department for the time being responsible for the administration of the Social Security Act 2018.
After section 307D(1), insert: (1A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(1B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (1A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(1A) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.

In section 360(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 360(3), replace “Privacy Act 1993” with “Privacy Act 2018”.
After section 360(3), insert: (3A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the exchange of information that is in force immediately before 1 March 2020 continues in force as if it had been entered 34—2/SOP No 482 167 Schedule 8 Proposed amendments to Privacy Bill Education Act 1989 (1989 No 80)—continued into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(3B) On or after 1 March 2020, no information may be exchanged under this sec- tion except under— (a) (b) an agreement continued by subsection (3A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(3A) On or after 1 November 2020, no information may be exchanged under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Electoral Act 1993 (1993 No 87) After section 263A(6), insert: (7) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(8) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (7) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(7) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 263B(5), insert: (5A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered 168 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Electoral Act 1993 (1993 No 87)—continued into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5B) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Electronic Identity Verification Act 2012 (2012 No 123) After section 39(4), insert: (5) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(6) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (5) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) (c) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an information matching agreement entered into under subpart 4 of Part 7 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76) Repeal Part 6.
34—2/SOP No 482 169 Schedule 8 Proposed amendments to Privacy Bill Immigration Act 2009 (2009 No 51) After section 294(4), insert: (4A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(4B) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (4A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(4A) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 295(3), insert: (3A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the exchange of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(3B) On or after 1 March 2020, no information may be exchanged under this sec- tion except under— (a) (b) an agreement continued by subsection (3A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(3A) On or after 1 November 2020, no information may be exchanged under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 298(6), insert: 170 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Immigration Act 2009 (2009 No 51)—continued (6A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(6B) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (6A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(6A) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 299(5), insert: (5A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5B) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 300(8), insert: (8A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered 34—2/SOP No 482 171 Schedule 8 Proposed amendments to Privacy Bill Immigration Act 2009 (2009 No 51)—continued into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(8B) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (8A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(8A) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Motor Vehicle Sales Act 2003 (2003 No 12) After section 121(2), insert: (3) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(4) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (3) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(3) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 123(2), insert: (3) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information that is in force immediately before 1 March 2020 continues in force as if it had been entered 172 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Motor Vehicle Sales Act 2003 (2003 No 12)—continued into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(4) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (3) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(3) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.

Public and Community Housing Management Act 1992 (1992 No 76) Repeal Part 6.
Social Security Act 2018 (2018 No 32) In Schedule 1, replace clause 62 with: 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 determin- ations made under (as the case requires) clause 13 or 15 of Schedule 6.

In Schedule 2, repeal the definition of information-matching programme.
In Schedule 6, after clause 13(5), insert: (5A) Any agreement entered into under this clause and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this clause and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5B) On or after 1 March 2020, no information may be supplied under this clause except under— (a) (b) an agreement continued by subclause (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be supplied under this clause except under— 34—2/SOP No 482 173 Schedule 8 Proposed amendments to Privacy Bill Social Security Act 2018 (2018 No 32)—continued (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
In Schedule 6, repeal clause 14.

In Schedule 6, after clause 15(6), insert: (7) Any agreement entered into under this clause and Part 10 of the Privacy Act 1993 to record arrangements for the giving of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this clause and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(8) On or after 1 March 2020, no information may be given under this clause except under— (a) (b) an agreement continued by subclause (7) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(7) On or after 1 November 2020, no information may be given under this clause except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Student Loan Scheme Act 2011 (2011 No 62) After section 208(4), insert: (5) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(6) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (5) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5) On or after 1 November 2020, no information may be disclosed under this section except under— 174 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Student Loan Scheme Act 2011 (2011 No 62)—continued (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
Tax Administration Act 1994 (1994 No 166) Repeal section 46A.

After section 82(8), In Schedule 7, after clause 41(8), insert: (8A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the disclosure of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(8B) On or after 1 March 2020, no information may be disclosed under this section except under— (a) (b) an agreement continued by subsection (8A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(8A) On or after 1 November 2020, no information may be disclosed under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 85A(5), In Schedule 7, after clause 42(2), insert: (5A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(5B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (5A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(2A) On or after 1 November 2020, no information may be supplied under this section except under— 34—2/SOP No 482 175 Schedule 8 Proposed amendments to Privacy Bill Tax Administration Act 1994 (1994 No 166)—continued (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 85B(6), In Schedule 7, after clause 43(6), insert: (6A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(6B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (6A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(6A) On or after 1 November 2020, no information may be supplied under this section except under— (a) (b) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 85E(2), In Schedule 7, after clause 45(5), insert: (2A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the supply of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(2B) On or after 1 March 2020, no information may be supplied under this section except under— (a) (b) an agreement continued by subsection (2A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
(5A) On or after 1 November 2020, no information may be supplied under this section except under— (a) an information matching agreement entered into under Part 10 of the Pri- vacy Act 1993 and continued by clause 10A of Schedule 1 of the Privacy Act 2018; or 176 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 8 Tax Administration Act 1994 (1994 No 166)—continued (b) an approved information sharing agreement entered into under subpart 1 of Part 7 of the Privacy Act 2018.
After section 85H(4), insert: (4A) Any agreement entered into under this section and Part 10 of the Privacy Act 1993 to record arrangements for the exchange of information that is in force immediately before 1 March 2020 continues in force as if it had been entered into under this section and subpart 4 of Part 7 of the Privacy Act 2018 and may at any time be amended.
(4B) On or after 1 March 2020, no information may be exchanged under this sec- tion except under— (a) (b) an agreement continued by subsection (4A) (as may be amended); or an approved information sharing agreement (as defined in section 138 of the Privacy Act 2018).
34—2/SOP No 482 177 Schedule 9 Proposed amendments to Privacy Bill Schedule 9 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 any such data should be obtained by lawful and fair means and, where appropriate, with the knowledge or consent of the data subject.
Data quality principle Personal data should be relevant to the purposes for which they are to be used, and, to the extent necessary for those purposes, should be accurate, complete, and kept up-to- date.
Purpose specification principle The purposes for which personal data are collected should be specified not later than at the time of data collection and their the subsequent use limited to the fulfilment of those purposes or any such others that as are not incompatible with those purposes and that as are specified on each occasion of change of purpose.
Use limitation principle Personal data should not be disclosed, made available, or otherwise used for purposes other than those specified in accordance with [the Purpose specification principle above] except—except: (a) (b) with the consent of the data subject; or by the authority of law.
Security safeguards principle Personal data should be protected by reasonable security safeguards against such risks as loss, loss or unauthorised access, destruction, use, modification, modification or disclosure of data.

Openness principle There should be a general policy of openness about developments, practices, and policies with respect to personal data.
Means should be readily available of establish- ing the existence and nature of personal data, and the main purposes of their use, as well as the identity and usual residence of the data controller.
Individual participation principle An individual should have the right— right: (a) 178 to obtain from a data controller, or otherwise, confirmation of whether or not the data controller has data relating to them him; and 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 9 (b) to have communicated to them him, data relating to them him— (i) (ii) (iii) (iv) • • • • within a reasonable time; and at a charge, if any, that is not excessive; and in a reasonable manner; and in a form that is readily intelligible to them; and within a reasonable time; at a charge, if any, that is not excessive; in a reasonable manner; and in a form that is readily intelligible to him; (c) (d) to be given reasons if a request made under subparagraphs (a) and (b) is denied, and to be able to challenge the such denial; and to challenge data relating to them him and, if the challenge is successful, suc- cessful to have the data erased, rectified, completed, or amended.
Accountability principle A data controller should be accountable for complying with measures that which give effect to the principles stated above.

34—2/SOP No 482 179 Schedule 10 Proposed amendments to Privacy Bill Schedule 10 Consequential amendments Part 1 Amendments to Acts s 215 Accident Compensation Act 2001 (2001 No 49) In section 246(7), replace “section 103 of the Privacy Act 1993” with “section 181 of the Privacy Act 2018”.
In section 289(6)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 290(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 295(5), replace “Privacy Act 1993” with “Privacy Act 2018”.
Animal Products Act 1999 (1999 No 93) In section 161(2), replace “privacy principles 2 and 11 of the Privacy Act 1993” with “information privacy principles 2 and 11 set out in section 19 of the Pri- vacy Act 2018information privacy principles 2 and 11 set out in section 19 of the Privacy Act 2018”.

Animal Welfare Act 1999 (1999 No 142) In section 103(4), replace “Privacy Act 1993” with “Privacy Act 2018”.
Anti-Money Laundering and Countering Financing of Terrorism Act 2009 (2009 No 35) In section 36(2) and (3), replace “privacy principles 5 to 11 in section 6 of the Privacy Act 1993” with “information privacy principles 5 to 11 set out in section 19 of the Privacy Act 2018information privacy principles 5 to 12 set out in sec- tion 19 of the Privacy Act 2018”.

In section 139(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 146(1)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Auditor Regulation Act 2011 (2011 No 21) In section 46(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

Replace section 46(4) with: (4) A person who searches the register for personal information in breach of this section must be treated, for the purposes of Parts 5 and 6 of the Privacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i) of that Act.
180 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Biosecurity Act 1993 (1993 No 95) In section 41G(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 41I(2), replace “Privacy Act 1993” with “Privacy Act 2018”.
Births, Deaths, Marriages, and Relationships Registration Act 1995 (1995 No 16) In section 2, definition of approved information sharing agreement and informa- tion sharing agreement, replace “section 96C of the Privacy Act 1993” with “sec- tion 138 of the Privacy Act 2018”.

In section 2, definition of Privacy Commissioner, replace “section 12 of the Privacy Act 1993” with “section 10 of the Privacy Act 2018”.
In section 75E(1), replace “section 2 of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In the heading to section 78A, delete “specified”.

In section 78A(1), delete “specified”.

In section 78A(2), replace “a specified agency” with “an agency”.

In section 78A(2), replace “the specified agency” with “the agency”.

Repeal section 78A(5).

In section 78A(6), replace “a a specified agency” with “an an agency”.

In the Schedule 1A heading, delete “specified”.


In the Schedule 1A, heading above first column of the table, replace “Specified agency” with “Agency”.

Broadcasting Act 1989 (1989 No 25) In section 2(1), definition of individual, replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In section 21(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Brokering (Weapons and Related Items) Controls Act 2018 (2018 No 9) Repeal section 44.

Repeal Schedule 2.
Repeal Schedule 2.

Building Act 2004 (2004 No 72) In section 308, replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.

Charities Act 2005 (2005 No 39) In section 29, replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.
34—2/SOP No 482 181 Schedule 10 Proposed amendments to Privacy Bill Child Protection (Child Sex Offender Government Agency Registration) Act 2016 (2016 No 42) In section 43(2)(g), replace “section 2 of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In section 43(3)(a), replace “section 111 of the Privacy Act 1993” with “section 172 of the Privacy Act 2018”.

Children’s Commissioner Act 2003 (2003 No 121) In section 22(2)(c), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 22(4), replace “sections 27 to 29 of the Privacy Act 1993” with “sections 52 to 57 of the Privacy Act 2018”.

Civil Aviation Act 1990 (1990 No 98) In section 10(7)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 10(7)(a)(ii), replace “section 27(1)(d)” with “section 52(1)(a)(i)”.

In section 19(7)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 19(7)(a)(ii), replace “section 27(1)(d)” with “section 52(1)(a)(i)”.
In section 74(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Climate Change Response Act 2002 (2002 No 40) In section 52(1)(a)(ii), replace “principles of the Privacy Act 1993” with “information privacy principles set out in section 19 of the Privacy Act 2018”.

Companies Act 1993 (1993 No 105) In the heading to section 367, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 367(2), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 371A(5), replace “Privacy Act 1993” with “Privacy Act 2018”.

Conservation Act 1987 (1987 No 65) In section 17U(1)(g), replace “Privacy Act 1993” with “Privacy Act 2018”.

Coroners Act 2006 (2006 No 38) In section 29(2)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

Corrections Act 2004 (2004 No 50) In section 110A(b)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 110A(b)(iv), replace “section 54(1) of the Privacy Act 1993” with “sec- tion 27 of the Privacy Act 2018”.

In the heading to section 110C, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 110C, replace “Privacy Act 1993” with “Privacy Act 2018”.

182 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Corrections Act 2004 (2004 No 50)—continued In section 117(2)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 117(2)(c), replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In section 117(2)(d), replace “section 54(1) of the Privacy Act 1993” with “section 27 of the Privacy Act 2018”.

In section 118(1), replace “Privacy Act 1993” with “Privacy Act 2018”.

In the heading to section 119, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 119, replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 120(1)(a)(iv) and (2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 180C(2), definition of adverse action, replace “section 97 of the Privacy Act 1993” with “section 177 of the Privacy Act 2018”.

In section 180C(2), definition of discrepancy, replace “section 97 of the Privacy Act 1993” with “section 177 of the Privacy Act 2018”.

In section 180C(2), definition of working day, replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
In section 180C(3), (4), and (5), replace “section 103(1) of the Privacy Act 1993” with “section 181 of the Privacy Act 2018”.

In section 181A(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 181A(4), definition of specified agency, paragraph (c), replace “section 2 of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In section 182A(2), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 182C, paragraph (f), replace “section 2 of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In section 182D(2)(c), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

Criminal Cases Review Commission Act 2019 (2019 No 66) In section 35(3), replace “of the Privacy Act 1993” with “set out in section 19 of the Privacy Act 2018”.

In section 36(2)(g), replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
Criminal Disclosure Act 2008 (2008 No 38) In section 6(1), replace the definition of publicly available publication with: 34—2/SOP No 482 183 Schedule 10 Proposed amendments to Privacy Bill Criminal Disclosure Act 2008 (2008 No 38)—continued publicly available publication means a publication (including a register, list, or roll of data) in printed or electronic form that is, or will be, generally avail- able to members of the public free of charge or on payment of a fee Criminal Investigations (Bodily Samples) Act 1995 (1995 No 55) In section 24R(1)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 24R(4) with: (4) Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 2018 to investigate any complaint made under Part 5 of that Act.

In section 27(1)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.

Replace section 27(3) with: (3) Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 2018 to investigate any complaint made under Part 5 of that Act.
Criminal Procedure (Mentally Impaired Persons) Act 2003 (2003 No 115) In section 46(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

Criminal Records (Clean Slate) Act 2004 (2004 No 36) In section 4, definition of law enforcement agency, replace “Schedule 5 of the Pri- vacy Act 1993” with “Schedule 5 of the Privacy Act 2018”.
Criminal Records (Expungement of Convictions for Historical Homosexual Offences) Act 2018 (2018 No 7) In section 4, definition of law enforcement agency, paragraph (a), replace “Schedule 5 of the Privacy Act 1993” with “Schedule 5 of the Privacy 2018”.

In section 10(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 13(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 14(1)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.
Crown Organisations (Criminal Liability) Act 2002 (2002 No 37) Replace section 10(1)(b)(iii) with: (iii) section91 section 91 or 92 of the Privacy Act 2018; or Crown Pastoral Land Act 1998 (1998 No 65) In section 51(2)(f), replace “Privacy Act 1993” with “Privacy Act 2018”.

184 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Customs and Excise Act 2018 (2018 No 4) In section 302(2), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.
In section 303(2), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

In section 326(5), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

In section 357(6), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

District Court Act 2016 (2016 No 49) In section 236(3), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 237(2), (3), and (4), replace “Privacy Act 1993” with “Privacy Act 2018” in each place.

Dog Control Act 1996 (1996 No 13) Repeal section 35(5)(f)(i).

Earthquake Commission Act 1993 (1993 No 84) In section 31A(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 31A(5), definition of serious threat, replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
Education Act 1989 (1989 No 80) In section 18AA(1)(f), replace “Privacy Act 1993” with “Privacy Act 2018”.

In Replace section 226A(8) with: (8) Information supplied by an institution under subsection (7) must be in a form previously agreed between the institution and the chief executive under the Pri- vacy Act 2018 (or, where they are unable to agree, in a form settled by the Privacy Commissioner), and may include coded information.
Replace section 226A(9) with: (9) Section 182 of the Privacy Act 2018 applies as if subsection (1) of that section also provided that, in relation to the information matching programme in this section, the Commissioner, before seeking a report on any of the matters in section 182(2)(a), (d), and (e) from a tertiary institution, must first seek a report on the matter from the department for the time being responsible for the administration of the Social Security Act 2018.
Replace section 235F(8) with: (8) Information supplied by a private training establishment under subsection (7) must be in a form previously agreed between the private training establishment and the chief executive under the Privacy Act 2018 (or, where they are 34—2/SOP No 482 185 Schedule 10 Proposed amendments to Privacy Bill Education Act 1989 (1989 No 80)—continued unable to agree, in a form settled by the Privacy Commissioner), and may include coded information.
Replace section 235F(9) with: (9) Section 182 of the Privacy Act 2018 applies as if subsection (1) of that section also provided that, in relation to the information matching programme in this section, the Commissioner, before seeking a report on any of the matters in section 182(2)(a), (d), and (e) from a tertiary institution, must first seek a report on the matter from the department for the time being responsible for the administration of the Social Security Act 2018.
In section 360(2) and (3), replace “Privacy Act 1993” with “Privacy Act 2018”.

Electoral Act 1993 (1993 No 87) In section 111A(b)(iii), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 111E(3)(c), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 204I(7), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 204X with: 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 constitutes an action that is an interfer- ence with the privacy of an individual under section 75 of the Privacy Act 2018.

Electricity Act 1992 (1992 No 122) In section 141, replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.
Electricity Industry Act 2010 (2010 No 116) In section 134(3), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.

In Schedule 4, clause 17(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

Electronic Identity Verification Act 2012 (2012 (No 123) In section 7, definition of personal information, replace “section 2 of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
In section 7, definition of Privacy Commissioner, replace “section 12 of the Privacy Act 1993” with “section 10 of the Privacy Act 2018”.

Replace section 40(2) with: (2) 186 This section applies despite rule 5 of the information matching rules set out in Schedule 7 of the Privacy Act 2018.

34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Electronic Identity Verification Act 2012 (2012 (No 123)—continued In the heading to section 59, replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 59(1), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 59(2), replace “principle 7(3) in section 6 of the PA” with “principle 7 set out in section 19 of the PAprinciple 7 set out in section 19 of the PA”.

In section 59(4), replace “in section 6” with “set out in section 19”.
In section 59(5), replace “in section 6 of the PA, as required by the precedence given to this Act by section 7(1) and (2) of the PA” with “set out in section 19 of the PA, as required by the precedence given to this Act by section 22(1) of the PA”.

In section 59(6), replace “Part 8, a person is taken to have breached an information privacy principle under its section 66(1)(a)(i)” with “Part 5, a person is taken to have breached an information privacy principle under its section 75(2)(a)(i)”.
In section 59(7), replace “Part 8” with “Part 5”.

Repeal section 59(8).

In section 65(2), replace “Part 8 of the Privacy Act 1993” with “Part 5 of the Pri- vacy Act 2018”.

Employment Relations Act 2000 (2000 No 24) Replace section 4(1C)(a)(ii) with: (ii) the Privacy Act 2018 (despite section 22(1) of that Act): In section 34(8), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 69G(2)(e)(ii)(iii), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 69OEA(7), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 233B(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Energy Efficiency and Conservation Act 2000 (2000 No 14) In section 38(6), replace “Privacy Act 1993” with “Privacy Act 2018”.

Environmental Protection Authority Act 2011 (2011 No 14) In section 24(2), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.
In section 30(2), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.

In section 45(5), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.

In section 50(5), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.

34—2/SOP No 482 187 Schedule 10 Proposed amendments to Privacy Bill Fair Trading Act 1986 (1986 No 121) In section 48A(4), replace “Privacy Act 1993” with “Privacy Act 2018”.
Family Violence Act 2018 (2018 No 46) In section 19, definition of personal information, replace “section 2 of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In section 21(2)(b), replace “information privacy principle 11 in section 6 of the Pri- vacy Act 1993” with “information privacy principle 11 or 12 in section 19 of the Privacy Act 2018”.

In section 23(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 205(5), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 230, definition of Privacy Commissioner, replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 230, replace the definition of public register with: public register means a register, roll, list, or other publication containing per- sonal information that— (a) (b) is established and maintained in any form under an enactment; and is, or will be, generally available to members of the public free of charge or on payment of a fee Replace section 247(2) with: (2) The provisions referred to in subsection (1) are sections 78 to 80, 86, 88, 89, 91 to 95, 101, 205, 206, and 208 to 212 of the Privacy Act 2018.
In the heading to section 256, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 256, replace “Sections 47 to 52 of the Privacy Act 1993” with “Sections 38 to 42 of the Privacy Act 2018”.

Financial Advisers Act 2008 (2008 No 91) In section 151(5)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

Financial Markets Authority Act 2011 (2011 No 5) In section 30(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 32(1)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 33(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 44(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 54(1)(c), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 59(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 60(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 66 with: 188 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Financial Markets Authority Act 2011 (2011 No 5)—continued 66 Part does not limit Privacy Act 2018 Nothing in this Part limits the Privacy Act 2018.

In section 72(2), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.

In section 78(3), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.
Financial Markets Conduct Act 2013 (2013 No 69) In Schedule 2, replace clause 12(4) with: (4) A person who searches the register for personal information in breach of this clause must be treated, for the purposes of Parts 5 and 6 of the Privacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i) of that Act.
Financial Reporting Act 2013 (2013 No 101) In section 21, definitions of personal information and Privacy Commissioner, replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
Replace section 23 with: 23 (1) Disclosure required to comply with standards does not breach information privacy principles The disclosure of personal information is not a breach of information pri- vacy principle 10, 11, or 12 of the Privacy Act 2018 information pri- vacy principle 10, 11, or 12 set out in section 19 of the Privacy Act 2018 if the disclosure is required for compliance with a standard or an authori- tative notice.
(2) Subsection (1) does not apply to standards issued or approved before the commencement of the Financial Reporting Amendment Act 2001.

Financial Service Providers (Registration and Dispute Resolution) Act 2008 (2008 No 97) In section 32(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 33 with: 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 the purposes of Parts 5 and 6 of the Privacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i) of that Act.

In section 67(1)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
34—2/SOP No 482 189 Schedule 10 Proposed amendments to Privacy Bill Financial Service Providers (Registration and Dispute Resolution) Act 2008 (2008 No 97)—continued In section 69(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

Financial Transactions Reporting Act 1996 (1996 No 9) In section 25(1)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace the cross-heading above section 28 with: Application of Privacy Act 2018 Replace the heading to section 28 with “Application of Privacy Act 2018”.

In section 28, replace “Privacy Act 1993” with “Privacy Act 2018”.

Fire and Emergency New Zealand Act 2017 (2017 No 17) In section 97(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 98(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
In Schedule 1, clause 5(2), replace “section 66 of the Privacy Act 1993” with “sec- tion 75 of the Privacy Act 2018”.

In Schedule 1, clause 6(2), replace “section 66 of the Privacy Act 1993” with “sec- tion 75 of the Privacy Act 2018”.

In Schedule 1, clause 7(2), replace “section 66 of the Privacy Act 1993” with “sec- tion 75 of the Privacy Act 2018”.

Fisheries Act 1996 (1996 (No 88) In the heading to section 102, replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 102(1), delete “public registers for the purposes of the Privacy Act 1993 and shall be”.

Replace section 129(1) with: (1) The registers kept under this Part must be open for inspection by members of the public on payment of the prescribed fee (if any) during ordinary office hours, and the chief executive must, on request and on payment of a reasonable charge, supply to any person copies of all or any part of a register.

(1A) Subsection (1) is subject to section 130.

Repeal section 186M(1).


In section 296ZH(2), replace “Information Privacy Principle 12(2) of the Privacy Act 1993” with “information privacy principle 13(2) set out in section 19 of the Privacy Act 2018”.

Food Act 2014 (2014 No 32) In section 368(2)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

190 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Food Act 2014 (2014 No 32)—continued In section 370(2)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Gambling Act 2003 (2003 No 51) In section 233(c), replace “Privacy Act 1993” with “Privacy Act 2018”.

Game Animal Council Act 2013 (2013 No 98) In section 26(6)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Harmful Digital Communications Act 2015 (2015 No 63) In section 24(5), replace “privacy principle 11(e)(iv) in section 6 of the Privacy Act 1993” with “information privacy principle 11(e)(iv) set out in section 19 of the Privacy Act 2018information privacy principle 11(1)(e)(iv) set out in sec- tion 19 of the Privacy Act 2018”.

In section 24(6), replace “Privacy Act 1993” with “Privacy Act 2018”.
Hazardous Substances and New Organisms Act 1996 (1996 No 30) In section 82C(6)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 82C(6)(a)(ii), replace “section 27(1)(d)” with “section 52(1)(a)(i)”.

In section 97C(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Health Act 1956 (1956 No 65) In section 22B, definition of agency, replace “section 2 of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
In section 22C(1)(b)(i), replace “section 46 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.

In section 22C(1)(b)(ii), replace “section 6” with “section 19”.

In section 22C(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 22C(3), replace “principal 11(d) of the Privacy Act 1993” with “informa- tion privacy principle 11(1)(c) set out in section 19 of the Privacy Act 2018”.
In section 22F(2)(c), replace “section 46 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.

In section 22F(3)(c), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

In section 22F(4), replace “Part 8 of the Privacy Act 1993” with “Part 5 of the Pri- vacy Act 2018”.

In section 92I(9), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 92J(9), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 92K(9), replace “Privacy Act 1993” with “Privacy Act 2018”.

34—2/SOP No 482 191 Schedule 10 Proposed amendments to Privacy Bill Health Act 1956 (1956 No 65)—continued In section 92U, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 92ZS, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 92ZZF(3) and (4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 92ZZG(2), replace “Privacy Act 1993” with “Privacy Act 2018”.
Health and Disability Commissioner Act 1994 (1994 No 88) Replace section 20(1)(c)(i) with: (i) matters of privacy (other than matters that may be the subject of a complaint under Part 5 of the Privacy Act 2018 or matters to which subpart 4 of Part 7 of that Act relates): Health and Safety at Work Act 2015 (2015 No 70) In section 16, definition of personal information, replace “section 2(1) of the Pri- vacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
In section 197(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 199(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 210(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

Health Practitioners Competence Assurance Act 2003 (2003 No 48) In section 44(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 78(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 154(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 157G(b), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

Housing Corporation Act 1974 (1974 No 19) In section 50O(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In the heading to section 60, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 60(1), replace “Privacy Act 1993” with “Privacy Act 2018”.
Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76) In section 79(2), replace “section 7(1) of the Privacy Act 1993” with “section 22 of the Privacy Act 2018”.

In section 80(5), replace “section 7(1) of the Privacy Act 1993” with “section 22 of the Privacy Act 2018”.

In section 86(4), replace “Part 6 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.

In section 88(2), replace “Part 6 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.
192 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Housing Restructuring and Tenancy Matters Act 1992 (1992 No 76)—continued Replace section 89(2) with: (2) Part 5 of the Privacy Act 2018 applies to any such complaint as if the code of conduct were a code of practice issued under section 35 of that Act.

In section 124(2), replace “section 7(1) of the Privacy Act 1993” with “section 22 of the Privacy Act 2018”.
In section 125(5), replace “section 7(1) of the Privacy Act 1993” with “section 22 of the Privacy Act 2018”.

In section 138(4), replace “Part 6 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.

In section 140(2), replace “Part 6 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.

Replace section 141(2) with: (2) Part 5 of the Privacy Act 2018 applies to the complaint as if the code of conduct were a code of practice issued under section 35 of that Act.
Human Assisted Reproductive Technology Act 2004 (2004 No 92) Replace the cross-heading above section 66 with: Application of Privacy Act 2018 Replace the heading to section 66 with “Application of Privacy Act 2018”.

In section 66(1), replace “section 12 of the Privacy Act 1993” with “section 10 of the Privacy Act 2018”.

In section 66(2), replace “Sections 40 and 41 of the Privacy Act 1993” with “Sec- tions 50 to 51 of the Privacy Act 2018”.
Replace section 66(3) and (4) with: (3) Parts 5, 6, and 9 of the Privacy Act 2018, so far as applicable and with any necessary modifications, apply to the making of a complaint under subsec- tion (1) as if the matter to which the complaint relates were an interference with the privacy of an individual under section 75 of that Act.

(4) Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 2018 to investigate any complaint made under Part 5 of that Act.
Human Rights Act 1993 (1993 No 82) In section 148A(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Human Tissue Act 2008 (2008 No 28) In section 78(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

34—2/SOP No 482 193 Schedule 10 Proposed amendments to Privacy Bill Identity Information Confirmation Act 2012 (2012 No 124) In section 5, definition of Privacy Commissioner, replace “section 12 of the Privacy Act 1993” with “section 10 of the Privacy Act 2018”.
Replace section 21(1)(d) with: (d) the Privacy Act 2018.

Immigration Act 1987 (1987 No 74) In section 141ABA(5), replace “Privacy Act 1993” with “Privacy Act 2018” Immigration Act 2009 (2009 No 51) In section 11(1)(c)(ia), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

In section 31(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 35(2)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 151(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 177(4)(ab), replace “privacy” with “information privacy”.

In section 177(4)(ab), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

In section 229(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 304(5), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 463(1A) with: (1A) Information privacy principle 6 set out in section 19 of the Privacy Act 2018 (which relates to access to personal information) does not apply to any reasons for any decision made by an immigration officer under section 58 of the former Act.

Income Tax Act 2007 (2007 No 97) In section BH 1(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Insolvency Act 2006 (2006 No 55) In section 153(2), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 456 with: 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 and 6 of the Privacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i) of that Act.

Insolvency Practitioners Regulation Act 2019 (2019 No 29) In section 33(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
194 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Insolvency Practitioners Regulation Act 2019 (2019 No 29)—continued In section 33(4), replace “Part 8 of the Privacy Act 1993, as having breached an infor- mation privacy principle under section 66(1)(a)(i)” with “Parts 5 and 6 of the Pri- vacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i)”.

In section 62(3), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 63(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

Insurance (Prudential Supervision) Act 2010 (2010 No 111) In section 227(4), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.

Intelligence and Security Act 2017 (2017 No 10) In section 4, definition of Privacy Commissioner, replace “section 12 of the Privacy Act 1993” with “section 10 of the Privacy Act 2018”.
In section 119(b), replace “in section 6 of the Privacy Act 1993” with “set out in sec- tion 19 of the Privacy Act 2018”.

In section 122(3), replace “section 6 of the Privacy Act 1993” with “section 19 of the Privacy Act 2018”.

In section 220(2), replace “in section 6 of the Privacy Act 1993” with “set out in sec- tion 19 of the Privacy Act 2018”.
Judicial Conduct Commissioner and Judicial Conduct Panel Act 2004 (2004 No 38) Replace section 19(3) with: (3) Nothing in information privacy principle 6 set out in section 19 of the Privacy Act 2018 (access to personal information) applies in respect of any information held by the office of the Commissioner that relates to any investi- gation conducted by the Commissioner under this Act, other than any docu- ment (as defined in section 6(1) of the Privacy Act 2018) that comes into existence before the commencement of that investigation.
Kāinga Ora–Homes and Communities Act 2019 (2019 No 50) In Schedule 1, clause 3(2), replace “section 66 of the Privacy Act 1993” with “sec- tion 75 of the Privacy Act 2018”.

In Schedule 1, clause 14(4), replace “section 66 of the Privacy Act 1993” with “sec- tion 75 of the Privacy Act 2018”.

KiwiSaver Act 2006 (2006 No 40) In section 4(1), definition of personal information, replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 41(g) with: 34—2/SOP No 482 195 Schedule 10 Proposed amendments to Privacy Bill KiwiSaver Act 2006 (2006 No 40)—continued (g) a statement about collection of personal information that complies with information privacy principle 3 set out in section 19 of the Pri- vacy Act 2018; and In section 158(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 207(2), replace “Information Privacy Principle 12(2) or (4) of the Privacy Act 1993” with “information privacy principle 13(2) or (6) set out in section 19 of the Privacy Act 2018”.

Land Transport Act 1998 (1998 No 110) In section 30I(2)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 30I(2)(a)(ii), replace “section 27(1)(d)” with “section 52(1)(a)(i)”.

Replace section 200(1A)(c) with: (c) subpart 2 of Part 7 of the Privacy Act 2018.
In section 211(2), replace “Privacy Act 1993” with “Privacy Act 2018” in each place.

In section 211(3), replace “section 35 of the Privacy Act 1993” with “section 72 of the Privacy Act 2018”.

In section 237(4)(a)(ii), replace “Privacy Act 1993” with “Privacy Act 2018”.

Land Transport Management Act 2003 (2003 No 118) In section 5(1), definition of personal information, replace “section 2(1) of the Pri- vacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
In section 46(3)(f), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 50(4), replace “principle 11 in the Privacy Act 1993” with “information privacy principle 11 set out in section 19 of the Privacy Act 2018”.
Limited Partnerships Act 2008 (2008 No 1) Replace section 66 with: 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 the Privacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i) of that Act.

Local Government Act 2002 (2002 No 84) In section 258Z(1), replace “Privacy Act 1993” with “Privacy Act 2018”.
In Schedule 7, clause 11(3), replace “information privacy principles 6, 7, and 11 of the Privacy Act 1993” with “information privacy principles 6, 7, 11, and 12 set out in section 19 of the Privacy Act 2018”.

196 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Local Government (Auckland Council) Act 2009 (2009 No 32) In section 87(1)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.
Local Government Official Information and Meetings Act 1987 (1987 No 174) In section 2(1), definition of official information, paragraph (c), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 10(1A), replace “subclause (1)(b) of principle 6 of the Privacy Act 1993” with “information privacy principle 6(1)(b) set out in section 19 of the Pri- vacy Act 2018”.

In section 29A, replace “Privacy Act 1993” with “Privacy Act 2018”.
Local Government (Rating) Act 2002 (2002 No 6) Repeal section 27(6)(c).

Māori Purposes (Wi Pere Trust) Act 1991 (1991 No 38) In Schedule 1, clause 9.8, replace “Privacy Act 1993” with “Privacy Act 2018”.

Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3) Repeal section 117.

Maritime Transport Act 1994 (1994 No 104) In section 49(7)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 49(7)(a)(ii), replace “section 27(1)(d)” with “section 52(1)(a)(i)”.
In section 50(7)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 50(7)(a)(ii), replace “section 27(1)(d)” with “section 52(1)(a)(i)”.

In section 189(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 276(7)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 276(7)(a)(ii), replace “section 27(1)(d)” with “section 52(1)(a)(i)”.
Motor Vehicle Sales Act 2003 (2003 No 12) Replace section 59 with: 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 action that is an interference with the privacy of an individual under section 75 of the Privacy Act 2018 .
Replace section 81 with: 34—2/SOP No 482 197 Schedule 10 Proposed amendments to Privacy Bill Motor Vehicle Sales Act 2003 (2003 No 12)—continued 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 action that is an interference with the privacy of an individual under section 75 of the Privacy Act 2018.
In section 129(c), replace “Privacy Act 1993” with “Privacy Act 2018”.

National Animal Identification and Tracing Act 2012 (2012 No 2) In section 4, definition of personal information, replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In Schedule 2, clause 55(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

In Schedule 2, clause 78(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
National Bank of New Zealand Limited Act 1994 (1994 No 3 (P)) In section 5(3)(b)(ii), replace “Privacy Act 1993” with “Privacy Act 2018”.

New Zealand Infrastructure Commission/Te Waihanga Act 2019 (2019 No 51) In section 23(7)(a), replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

New Zealand Public Health and Disability Act 2000 (2000 No 91) In section 23(3), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 30(6), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 79(6), replace “Privacy Act 1993” with “Privacy Act 2018”.

In Schedule 3, clause 21(5)(a), replace “subclause (1)(b) of principle 6 of the Privacy Act 1993” with “information privacy principle 6(1)(b) set out in section 19 of the Privacy Act 2018”.

In Schedule 3, clause 32(d), replace “Part 8 of the Privacy Act 1993” with “Part 5 of the Privacy Act 2018”.
In Schedule 4, clause 23(5)(a), replace “subclause (1)(b) of principle 6 of the Privacy Act 1993” with “information privacy principle 6(1)(b) set out in section 19 of the Privacy Act 2018”.

In Schedule 4, clause 34(d), replace “Part 8 of the Privacy Act 1993” with “Part 5 of the Privacy Act 2018”.

In Schedule 5, clause 3(a), replace “section 2(1) of the Privacy Act 1993” with “sec- tion 6(1) of the Privacy Act 2018”.
198 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Official Information Act 1982 (1982 No 156) In section 2(1), definition of official information, paragraph (j), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 12(1A), replace “subclause (1)(b) of principle 6 of the Privacy Act 1993” with “information privacy principle 6(1)(b) set out in section 19 of the Pri- vacy Act 2018”.

In section 29B, replace “Privacy Act 1993” with “Privacy Act 2018”.
Ombudsmen Act 1975 (1975 No 9) In section 17A(1) and (3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 21A, replace “Privacy Act 1993” with “Privacy Act 2018”.

Oranga Tamariki Act 1989 (1989 No 24) In section 66(1), replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In section 66Q(2), replace “12 of section 6 of the Privacy Act 1993” with “13 set out in section 19 of the Privacy Act 2018”.
In section 66Q(3), replace “principle 11 in section 6 of the Privacy Act 1993 (which permits” with “principles 11 and 12 set out in section 19 of the Privacy Act 2018 (which permit”.

In section 66Q(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Outer Space and High-altitude Activities Act 2017 (2017 No 29) In section 85(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Overseas Investment Act 2005 (2005 No 82) In section 41D(3), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 41E(3)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

Outer Space and High-altitude Activities Act 2017 (2017 No 29) In section 85(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

Parole Act 2002 (2002 No 10) In section 13(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 13AC(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 13AD(2), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 15A(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 108(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

34—2/SOP No 482 199 Schedule 10 Proposed amendments to Privacy Bill Personal Property Securities Act 1999 (1999 No 126) In section 16(1), definition of personal information, replace “section 2(1) of the Pri- vacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In section 173(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 174 with: 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 an action that is an interfer- ence with the privacy of an individual under section 75 of the Privacy Act 2018.
Plumbers, Gasfitters, and Drainlayers Act 2006 (2006 No 74) Replace section 87 with: 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 action that is an interference with the privacy of an individual under section 75 of the Privacy Act 2018.

Policing Act 2008 (2008 No 72) In the heading to section 57, replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 57, replace “Nothing in principles 2, 3, or 10 of the Privacy Act 1993” with “Nothing in information privacy principles 2, 3, and 10 set out in section 19 of the Privacy Act 2018information privacy principles 2, 3, and 10 set out in section 19 of the Privacy Act 2019”.
Replace section 95B(6) with: (6) A person who contravenes a provision of this section must be treated, for the purposes of Parts 5 and 6 of the Privacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i) of that Act.

Prisoners’ and Victims’ Claims Act 2005 (2005 No 74) In section 3(2A)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 6(2), definition of a breach of, or interference with, a specified right, replace paragraph (c) with: (c) an interference with the privacy of an individual (within the meaning of section 75 of the Privacy Act 2018) Public and Community Housing Management Act 1992 (1992 No 76) In section 79(2), replace “section 7(1) of the Privacy Act 1993” with “section 22 of the Privacy Act 2018”.
200 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Public and Community Housing Management Act 1992 (1992 No 76)—continued In section 80(5), replace “section 7(1) of the Privacy Act 1993” with “section 22 of the Privacy Act 2018”.

In section 86(4), replace “Part 6 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.

In section 88(2), replace “Part 6 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.
Replace section 89(2) with: (2) Parts 5 and 6 of the Privacy Act 2018 apply to any such complaint as if the code of conduct were a code of practice issued under section 35 of that Act.

In section 124(2), replace “section 7(1) of the Privacy Act 1993” with “section 22 of the Privacy Act 2018”.

In section 125(5), replace “section 7(1) of the Privacy Act 1993” with “section 22 of the Privacy Act 2018”.

In section 138(4), replace “Part 6 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.
In section 140(2), replace “Part 6 of the Privacy Act 1993” with “section 35 of the Privacy Act 2018”.

Replace section 141(2) with: (2) Parts 5 and 6 of the Privacy Act 2018 apply to the complaint as if the code of conduct were a code of practice issued under section 35 of that Act.

Public Audit Act 2001 (2001 No 10) In section 25(2)(c), replace “information privacy principle 3 of the Privacy Act 1993” with “information privacy principle 3 set out in section 19 of the Privacy Act 2018”.
In section 30(4), replace “of the Privacy Act 1993” with “set out in section 19 of the Privacy Act 2018”.

Repeal section 30(4).

Public Records Act 2005 (2005 No 40) In section 25(1)(c) and (2)(e), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 44(8), replace “Privacy Act 1993” with “Privacy Act 2018”.

Public Safety (Public Protection Orders) Act 2014 (2014 No 68) In section 56(2)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 56(2)(d), replace “section 54(1) of the Privacy Act 1993” with “section 27 of the Privacy Act 2018”.

In section 57(1), replace “Privacy Act 1993” with “Privacy Act 2018”.

34—2/SOP No 482 201 Schedule 10 Proposed amendments to Privacy Bill Public Safety (Public Protection Orders) Act 2014 (2014 No 68)—continued Replace section 58 with: 58 Application of Privacy Act 2018 The Privacy Act 2018 applies to the monitoring of resident calls under sec- tions 51 to 61.
In section 59(1)(b)(iv), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 59(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

Radiation Safety Act 2016 (2016 No 6) In section 34(1)(d), replace “section 54(1) of the Privacy Act 1993” with “section 27 of the Privacy Act 2018”.
Real Estate Agents Act 2008 (2008 No 66) Replace section 70 with: 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 Parts 5 and 6 of the Privacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i) of that Act.

In section 86(3), replace “Privacy Act 1993” with “Privacy Act 2018”.
Residential Tenancies Act 1986 (1986 No 120) In section 66O(2)(b)(ii), replace “Privacy Act 1993” with “Privacy Act 2018”.

Search and Surveillance Act 2012 (2012 No 24) In section 5(b), replace “Privacy Act 1993” with “Privacy Act 2018”.

Senior Courts Act 2016 (2016 No 48) In section 173(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 174(2), (3), and (4), replace “Privacy Act 1993” with “Privacy Act 2018”.
Sentencing Act 2002 (2002 No 9) In section 29(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

Social Security Act 2018 (2018 No 32) In section 212(2), replace “section 103(1) of the Privacy Act 1993” with “section 181(1) of the Privacy Act 2018”.
Replace section 381(2)(a) with: 202 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Social Security Act 2018 (2018 No 32)—continued (a) whether the mutual assistance provision complies with the information privacy principles set out in section 19 of the Privacy Act 2018, having regard to— (i) whether the objective of the provision relates to a matter of sig- nificant public importance: (ii) whether the use of the provision to achieve that objective will result in significant and quantifiable monetary savings, or in other comparable benefits to society: (iii) whether the use of an alternative means of achieving that object- ive would give either of the results referred to in paragraph (ii): (iv) whether the public interest in allowing the provision to proceed outweighs the public interest in adhering to the information pri- vacy principles that the provision would otherwise contravene: (v) whether the provision involves information matching on a scale that is excessive, having regard to— (A) (B) the number of agencies that will be involved; and the amount of detail about an individual that will be matched under the provision: (vi) whether the provision will comply with the information matching rules in Schedule 7 of the Privacy Act 2018: In section 385(4), replace Replace “Sections 100 to 102 and 104 to 106 of the Privacy Act 1993” with “Sections 179, 180, and 182 to 184 of the Privacy Act 2018”.
section 385(4) with: (4) Sections 179, 180, and 182 to 185 of the Privacy Act 2018 apply in respect of the provision as if the provision were an authorised information matching programme (as that term is defined in section 177 of the Privacy Act 2018) and MSD were the only specified agency involved in that pro- gramme.

In section 386(2), replace “section 97 of the Privacy Act 1993” with “section 177 of the Privacy Act 2018”.

In section 418(1)(p), replace “Privacy Act 1993” with “Privacy Act 2018”.
In Schedule 2, repeal the definition of information-matching programme.

In Schedule 6, repeal clauses 6 and 7.

In Schedule 6, clause 8(1), replace “Privacy Act 1993” with “Privacy Act 2018”.

In Schedule 6, in the heading to clause 10, replace “1993” with “2018”.

In Schedule 6, clause 10(1) and (3), replace “Part 6 of the Privacy Act 1993” with “Part 3 of the Privacy Act 2018”.
In Schedule 6, replace clause 12(3) with: 34—2/SOP No 482 203 Schedule 10 Proposed amendments to Privacy Bill Social Security Act 2018 (2018 No 32)—continued (3) Parts 5 and 6 of the Privacy Act 2018 applies apply to the complaint as if the code of conduct were a code of practice issued under Part 3 of that Act.

In Schedule 6, clause 14(3)(a), replace “section 99 of the Privacy Act 1993” with “section 178 of the Privacy Act 2018”.
In Schedule 6, clause 16(1), replace “Part 9A of the Privacy Act 1993” with “sub- part 1 of Part 7 of the Privacy Act 2018”.
In Schedule 6, replace clause 21(3) with: (3) Parts 5 and 6 of the Privacy Act 2018— (a) applies apply to a complaint under subclause (1) as if the information sharing agreement concerned were a code of practice issued under Part 3 of that Act; and applies apply to a complaint under subclause (2) as if clause 18 and the regulations concerned together constituted a code of practice issued under Part 3 of that Act.
(b) Social Workers Registration Act 2003 (2003 No 17) In section 46(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 68B(3)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.

State Sector Act 1988 (1988 No 20) In section 9C(2), replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
Summary Proceedings Act 1957 (1957 No 87) In section 92A(1), definition of agency, replace “section 2(1) of the Privacy Act 1993” with “section 6 of the Privacy Act 2018”.

In section 92A(1), replace the definition of agency with: agency— (a) means any person or body of persons whether incorporated or not, and whether in the public sector or the private sector; and (b) for the avoidance of doubt, includes a department.
In section 92A(1), definition of credit reporting code of practice, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 92A(1), definition of fines enforcement records, replace “Schedule 5 of the Privacy Act 1993” with “Schedule 5 of the Privacy Act 2018”.

In section 92F(1)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Replace section 92F(3) with: (3) A person who contravenes this section or who discloses or uses information in contravention of any regulations made under section 92I must be treated, for 204 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Summary Proceedings Act 1957 (1957 No 87)—continued the purposes of Parts 5 and 6 of the Privacy Act 2018, as having breached an information privacy principle under section 75(2)(a)(i) of that Act.
In section 92G(2) and (3), replace “section 103 of the Privacy Act 1993” with “sec- tion 181 of the Privacy Act 2018”.

Takeovers Act 1993 (1993 No 107) In section 15A(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 15B(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 15C(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 31E(c), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 31R(2)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

Tax Administration Act 1994 (1994 No 166) In section 46A(4), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 81(4)(nb), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 81A, replace “section 96J” with “section 145”.

In section 81A, replace “Privacy Act 1993” with “Privacy Act 2018” in each place.

In section 81BA(6), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 18E(2), replace “section 96J of the Privacy Act 1993” with “section 145 of the Privacy Act 2018”.

In section 18E(2)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.

Replace section 18E(6) with: (6) For the purposes of this section and section 18F, agency has the meaning given in section 138 of the Privacy Act 2018.

In Schedule 7, clause 29, replace “the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.
Te Urewera Act 2014 (2014 No 51) In section Schedule 3, clause 14(g), replace “Privacy Act 1993” with “Privacy Act 2018”.

Telecommunications Act 2001 (2001 No 103) In section 100C(1)(c), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.

In Schedule 3C, clause 15(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

Trans-Tasman Mutual Recognition Act 1997 (1997 No 60) In section 33(1)(b)(ii), replace “Privacy Act 1993” with “Privacy Act 2018”.
34—2/SOP No 482 205 Schedule 10 Proposed amendments to Privacy Bill Trans-Tasman Mutual Recognition Act 1997 (1997 No 60)—continued In section 34, replace “Privacy Act 1993” with “Privacy Act 2018”.

Transport Accident Investigation Commission Act 1990 (1990 No 99) In the heading to section 14Q, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 14Q(1), replace “principle 6 of the Privacy Act 1993” with “information privacy principle 6 set out in section 19 of the Privacy Act 2018”.
In section 14Q(4), replace “sections 27 to 29 of the Privacy Act 1993” with “sec- tions 52 to 57 of the Privacy Act 2018”.

Veterinarians Act 2005 (2005 No 126) In section 42(3), replace “Privacy Act 1993” with “Privacy Act 2018”.

Victims’ Rights Act 2002 (2002 No 39) In the heading to section 15, replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 15(1) and (2), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 23(4), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 49(2)(d), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 50(3), replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

Waikato Raupatu Claims Settlement Act 1995 (1995 No 58) In Schedule 4, clause 2(2)(b)(ii), replace “Privacy Act 1993” with “Privacy Act 2018”.

Westpac New Zealand Act 2006 (2006 No 3 (P)) In section 20(4)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
In section 21(a)(iii), replace “Privacy Act 1993” with “Privacy Act 2018”.

Westpac New Zealand Act 2011 (2011 No 1 (P)) In section 24(4)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

In section 25(a)(iii), replace “Privacy Act 1993” with “Privacy Act 2018”.

WorkSafe New Zealand Act 2013 (2013 No 94) In section 17(4), replace “section 66 of the Privacy Act 1993” with “section 75 of the Privacy Act 2018”.
206 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Part 2 Amendments to legislative instruments Chartered Professional Engineers of New Zealand Rules (No 2) 2002 (SR 2002/389) In rule 42(2), replace “Privacy Act 1993” with “Privacy Act 2018”.

Companies Act 1955 Liquidation Regulations 1994 (SR 1994/129) In the Schedule, forms 1 and 2, replace “Privacy Act 1993” with “Privacy Act 2018” in each place.
Companies Act 1993 Liquidation Regulations 1994 (SR 1994/130) In the Schedule, forms 1 and 2, replace “Privacy Act 1993” with “Privacy Act 2018” in each place.

Criminal Investigations (Bodily Samples) Regulations 2004 (SR 2004/53) In the Schedule, forms 5A, 5B, 6, 8, 8A, 9, and 9A, replace “Privacy Act 1993” with “Privacy Act 2018”.

Customs and Excise Regulations 1996 (SR 1996/232) In Schedule 2, form 10, replace “Privacy Act 1993” with “Privacy Act 2018”.
Double Taxation Relief (Poland) Order 2006 (SR 2006/169) In clause 3(1), replace “Privacy Act 1993” with “Privacy Act 2018”.

Double Taxation Relief (Spain) Order 2006 (SR 2006/170) In clause 3(1), replace “Privacy Act 1993” with “Privacy Act 2018”.

Education (Pastoral Care of International Students) Code of Practice 2016 (LI 2016/57) In clause 25(1)(c), replace “Privacy Act 1993” with “Privacy Act 2018”.
Education (Stand-Down, Suspension, Exclusion, and Expulsion) Rules 1999 (SR 1999/202) In rule15(2)(c), replace “Privacy Act 1993” with “Privacy Act 2018”.

In rule 20(2)(c), replace “Privacy Act 1993” with “Privacy Act 2018”.

Fisheries (Foreign Fishing Vessel) Regulations 2001 (SR 2001/258) In Schedule 1, form 1, paragraph 14, replace “Privacy Act 1993” with “Privacy Act 2018”.
Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (SR 1996/78) In the Schedule, clause 4, replace the definition of privacy with: 34—2/SOP No 482 207 Schedule 10 Proposed amendments to Privacy Bill Health and Disability Commissioner (Code of Health and Disability Services Consumers’ Rights) Regulations 1996 (SR 1996/78)—continued privacy means all matters of privacy in respect of a consumer, other than mat- ters of privacy that may be the subject of a complaint under Part 5 of the Pri- vacy Act 2018 or matters to which subpart 4 of Part 7 of that Act relates Health and Safety at Work (General Risk and Workplace Management) Regulations 2016 (LI 2016/13) In regulation 52(2), replace “section 97 of the Privacy Act 1993” with “section 177 of the Privacy Act 2018”.
Health and Safety at Work (Hazardous Substances) Regulations 2017 (LI 2017/131) In regulations 6.7(5)(b), 6.18(5)(a)(i), 6.26(4)(a), 6.31(5)(a)(i), 7.6(6)(a)(i), and 7.13(5)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

In regulations 6.26(4)(d)(iv) and 7.13(5)(b)(iii), replace “section 54(1) of the Privacy Act 1993” with “section 27 of the Privacy Act 2018”.

In regulation 6.7(5)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.
In regulation 6.18(5)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In regulation 6.26(4)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.

In regulation 6.31(5)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In regulation 7.6(6)(a)(i), replace “Privacy Act 1993” with “Privacy Act 2018”.

In regulation 7.13(5)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
In regulation 6.26(4)(d)(iv), replace “section 54(1) of the Privacy Act 1993” with “section 27 of the Privacy Act 2018”.

In regulation 7.13(5)(b)(iii), replace “section 54(1) of the Privacy Act 1993” with “section 27 of the Privacy Act 2018”.

Human Rights Review Tribunal Regulations 2002 (SR 2002/19) In regulation 3(1), definition of Privacy Commissioner, replace “section 12 of the Privacy Act 1993” with “section 10 of the Privacy Act 2018”.
In regulation 3(1), definition of proceedings, replace paragraph (a)(ii) with: (ii) section 102 or 103 of the Privacy Act 2018; or In regulation 6, table, first column, replace “section 82 of the Privacy Act 1993” with “section 102 of the Privacy Act 2018”.

In regulation 6, table, first column, replace “section 83 of the Privacy Act 1993” with “section 103 of the Privacy Act 2018”.
In the heading to regulation 10, replace “section 82 or section 83 of the Privacy Act 1993” with “section 102 or 103 of the Privacy Act 2018”.

208 34—2/SOP No 482 Proposed amendments to Privacy Bill Schedule 10 Human Rights Review Tribunal Regulations 2002 (SR 2002/19)—continued In regulation 10, replace “section 82 or section 83 of the Privacy Act 1993” with “section 102 or 103 of the Privacy Act 2018”.

In regulation 10(a), replace “section 82” with “section 102”.
In regulation 10(b), replace “section 83” with “section 103”.

In regulation 14, table, first column, replace “section 83 of the Privacy Act 1993” with “section 103 of the Privacy Act 2018”.

In regulation 15(2), replace “information privacy principle 6 (set out in section 6) of the Privacy Act 1993” with “information privacy principle 6 (set out in sec- tion 19) of the Privacy Act 2018information privacy principle 6 (set out in section 19) of the Privacy Act 2019”.
In regulation 16(1)(b), replace “Privacy Act 1993” with “Privacy Act 2018”.

Replace regulation 16(3)(b) with: (b) section 102 or 103 of the Privacy Act 2018: In regulation 17(2), replace “section 86 of the Privacy Act 1993” with “section 104 of the Privacy Act 2018”.

In regulation 18(2)(d), replace “section 83 of the Privacy Act 1993” with “section 103 of the Privacy Act 2018”.

In regulation 21(1)(e), replace “section 82 of the Privacy Act 1993” with “section 102 of the Privacy Act 2018”.
In regulation 21(1)(f), replace “section 83 of the Privacy Act 1993” with “section 103 of the Privacy Act 2018”.

Lake Taupo (Crown Facilities, Permits and Fees) Regulations 2004 (SR 2004/140) In Schedule 2, note 7, replace “Privacy Act 1993” with “Privacy Act 2018” in each place.

Land Transport (Motor Vehicle Registration and Licensing) Regulations 2011 (SR 2011/79) In regulation 57(k), after “Privacy Act 1993”, insert “or Privacy Act 2018”.
Lawyers and Conveyancers Act (Lawyers: Conduct and Client Care) Rules 2008 (SR 2008/214) In the Schedule, footnote 6, replace “Privacy Act 1993” with “Privacy Act 2018”.

Private Security Personnel and Private Investigators (Code of Conduct— Surveillance of Individuals) Regulations 2011 (SR 2011/72) In regulation 5(2)(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
34—2/SOP No 482 209 Schedule 10 Proposed amendments to Privacy Bill Real Estate Agents Act (Professional Conduct and Client Care) Rules 2012 (SR 2012/413) In rule 9.17(d), replace “in section 6 of the Privacy Act 1993” with “set out in sec- tion 19 of the Privacy Act 2018”.

Registered Architects Rules 2006 (SR 2006/161) In rule 45(2), replace “Privacy Act 1993” with “Privacy Act 2018”.
Social Security Regulations 2018 (LI 2018/202) In regulation 242(1)(d)(iii), replace “section 99 of the Privacy Act 1993” with “sec- tion 178 of the Privacy Act 2018”.

In regulation 242(1)(d)(iv), replace “clause 4 of Schedule 4 of the Privacy Act 1993” with “clause 3 of Schedule 7 of the Privacy Act 2018”.
Replace regulation 242(1)(d)(v) with: (v) in relation to New Zealand, has been agreed to by the Privacy Commissioner, the Commissioner having had regard to the mat- ters in section 381(2)(a) of the Act.

In regulation 242(2), replace “section 99(4) of the Privacy Act 1993” with “section 178(3) of the Privacy Act 2018”.
Replace regulation 243(5) to (7) with: (5) A written notice to be given under subclause (2) may be given as specified in regulations made under the Privacy Act 2018 for the giving of notices under section 181 of that Act.

(6) A failure by MSD to comply, in relation to an individual, with subclause (2) is taken for the purposes of Part 5 of the Privacy Act 2018, to constitute a failure to comply with the provisions of subpart 4 of Part 7 of that Act.
In this regulation and regulation 244, expressions defined in section 177 of the Privacy Act 2018 have the meanings so defined, with any necessary modifications.

(7) In regulation 273(3), definition of agency, replace “section 2(1) of the Privacy Act 1993” with “section 6(1) of the Privacy Act 2018”.

In regulation 281(a), replace “Privacy Act 1993” with “Privacy Act 2018”.
Summary Proceedings (Credit Reporting of Fines) Regulations 2011 (SR 2011/399) In regulation 5(2), replace “Privacy Act 1993” with “Privacy Act 2018” in each place.

Wellington, New Zealand: Published under the authority of the House of Representatives—2020 210 34—2/SOP No 482