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Intelligence and Security Act 2017

Repeals and amendments - Amendments to Privacy Act 1993

317: Section 81 replaced (Special procedure relating to intelligence organisations)

You could also call this:

"What happens when you complain about a spy agency interfering with someone's privacy"

Illustration for Intelligence and Security Act 2017

When you make a complaint about an intelligence and security agency, the usual rules do not apply. If the Commissioner investigates and thinks the agency has interfered with someone's privacy, they must give the agency a report saying so and explaining why. The Commissioner can also make recommendations in this report, which is sent to the agency, and they can ask the agency to say what they plan to do about it. You can read more about this in the section 81 of the legislation. If the agency does not do anything adequate about the report, the Commissioner can send it to the Prime Minister, who can then show it to the House of Representatives.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7119089.

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Part 8Repeals and amendments
Amendments to Privacy Act 1993

317Section 81 replaced (Special procedure relating to intelligence organisations)

  1. Replace section 81 with:

    81Special procedure relating to intelligence and security agencies

    1. Nothing in sections 76, 77, and 82 to 89 applies to—

    2. any complaint made under this Part in relation to an action of an intelligence and security agency; or
      1. any investigation conducted under this Part in relation to an action of an intelligence and security agency.

        1. 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 security agency a report setting out—

        2. his or her opinion; and
          1. the reasons for that opinion.

            1. A report provided under subsection (2) may include any recommendations the Commissioner considers appropriate.

            2. When making a report under subsection (2), the Commissioner may request the intelligence and security agency to notify him or her within a specified time of any steps the agency proposes to take in response to the report and to any recommendations included in the report.

            3. If, within a reasonable time after any report is made, no steps are taken by the intelligence and security agency in response to the report that seem to be adequate and appropriate, the Commissioner may send a copy of the report to the Prime Minister.

            4. 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.