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Telecommunications Act 2001

Telecommunications service obligations - Remedies and miscellaneous - Miscellaneous

100C: Duties of Commission in complying with sections 100B and 100BA

You could also call this:

"The Commission's job is to use information carefully and protect people's privacy when following certain rules."

Illustration for Telecommunications Act 2001

When the Commission is following sections 100B and 100BA, you need to know it has some duties. The Commission must make sure the information it uses is at its lowest level of aggregation. It must also protect the confidentiality of any information that is confidential.

The Commission must ensure that including this information does not interfere with someone's privacy under section 69 of the Privacy Act 2020. If the Commission thinks that following one rule will stop it from following another rule, it can aggregate the information. It can do this in any way it thinks is best.

When the Commission is following section 100BA, it must make sure that any confidential or commercially sensitive information is protected. This means the Commission has to be careful with the information it uses. It has to keep some information secret to protect people's privacy.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM127175.

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Part 3Telecommunications service obligations
Remedies and miscellaneous: Miscellaneous

100CDuties of Commission in complying with sections 100B and 100BA

  1. In complying with section 100B, the Commission must ensure that—

  2. the information to be included in a draft or final TSO cost calculation determination is at its lowest level of aggregation (as determined by the Commission); and
    1. satisfactory provision exists to protect the confidentiality of any information that—
      1. the person who supplied it has advised is confidential; or
        1. may reasonably be regarded as confidential; and
        2. the inclusion of that information does not constitute an action that is an interference with the privacy of an individual under section 69 of the Privacy Act 2020.

          1. However, if the Commission considers that compliance with subsection (1)(a) will, or is likely to, prejudice compliance with subsection (1)(b) or (c), the Commission—

          2. may aggregate the information before it is included under section 100B; and
            1. may do so in any manner that it thinks fit.

              1. In complying with section 100BA, the Commission must ensure that satisfactory provision exists to protect the confidentiality of any information that may reasonably be regarded as confidential or commercially sensitive.

              Notes
              • Section 100C: inserted, on , by section 50 of the Telecommunications Amendment Act (No 2) 2006 (2006 No 83).
              • Section 100C heading: amended, on , by section 20(1) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).
              • Section 100C(1)(c): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
              • Section 100C(3): added, on , by section 20(2) of the Telecommunications (TSO, Broadband, and Other Matters) Amendment Act 2011 (2011 No 27).