Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Access to and correction of personal information - Charges

66: Charges

You could also call this:

"Agencies can charge you for personal info, but the charge must be reasonable"

Illustration for Privacy Act 2020

When you ask for your personal information, an agency might charge you. A public sector agency can charge you if they are allowed to under section 67. A private sector agency can charge you, but they must follow any rules in their code of practice.

When you ask to correct your personal information, an agency might also charge you. A public sector agency can charge you if they are allowed to under section 67. A private sector agency can charge you, but they must follow any rules in their code of practice.

You will not be charged for making a request, except in the cases mentioned. Any charge you are asked to pay must be reasonable. The agency can consider the cost of labour and materials when deciding the charge.

The agency can also ask you to pay some or all of the charge before they give you the information. They can consider the cost of making the information available quickly if you made an urgent request under section 41.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS150768.

Topics:
Rights and equality > PrivacyMoney and consumer rights > Consumer protection
Previous

65: Extension of time limits, or

"More time to fix mistakes in your personal info"

Next

67: Commissioner may authorise public sector agency to impose charge, or

"The Commissioner can allow government agencies to charge for services if it's fair."

Part 4Access to and correction of personal information
Charges

66Charges

  1. In relation to an IPP 6 request,—

  2. a public sector agency may, if authorised under section 67, impose a charge for making information available in compliance, in whole or in part, with the request:
    1. a private sector agency may, subject to the provisions of any applicable code of practice, impose a charge for—
      1. providing assistance under section 42, but only if the agency makes information available in compliance, in whole or in part, with the request:
        1. making information available in compliance, in whole or in part, with the request.

        2. In relation to a correction request,—

        3. a public sector agency may, if authorised under section 67, impose a charge for attaching a statement of correction to personal information:
          1. a private sector agency may, subject to the provisions of any applicable code of practice, impose a charge for—
            1. providing assistance under section 61:
              1. attaching a statement of correction to personal information.

              2. 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.

              3. A charge imposed under subsection (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—

              4. the cost of the labour and materials involved in making the information available; and
                1. any costs involved in making the information available urgently (in the case of an urgent IPP 6 request received under section 41).

                  1. An agency may require all or part of a charge to be paid in advance.

                  Compare