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Fair Trading Act 1986

Miscellaneous provisions

48K: Notice to persons affected by provision of information

You could also call this:

“Letting people know when their information is shared with overseas regulators”

If the Commission shares information they have required someone to give them with an overseas regulator, they need to tell the people involved. They must let the person who gave the information know, as well as anyone the information is about. They should do this as soon as they can after sharing the information.

Sometimes, the Commission doesn’t have to tell people about sharing the information. This can happen if telling them might mess up an investigation that the Commission or an overseas regulator is doing. They also don’t have to tell if it would cause problems for enforcing the law in New Zealand or other countries. This includes things like stopping people from committing crimes, investigating crimes, or making sure people get fair trials. The Commission also doesn’t have to tell people if it’s just too hard to do so in the situation.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4854624.

Topics:
Business > Fair trading
Rights and equality > Privacy
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48J: Conditions on providing compulsorily acquired information and investigative assistance, or

“Rules for sharing information and helping overseas regulators”

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“The Commission must make a yearly report about working with overseas regulators”

Part 6 Miscellaneous provisions

48KNotice to persons affected by provision of information

  1. If the Commission provides any compulsorily acquired information to a recognised overseas regulator, the Commission must, as soon as practicable after providing the information, notify the following people that the information has been provided:

  2. the person from whom the information was acquired:
    1. every person to whom the information relates.

      1. However, the Commission need not notify a person as required by subsection (1) if—

      2. giving notice might compromise any investigation conducted, or to be conducted, by the Commission or any overseas regulator; or
        1. giving notice would prejudice the maintenance of the law (including the prevention, investigation, and detection of offences, and the right to a fair trial) in New Zealand or elsewhere; or
          1. it is not practicable in the circumstances to give notice to the person.

            Notes
            • Section 48K: inserted, on , by section 5 of the Fair Trading (International Co-operation) Amendment Act 2012 (2012 No 86).