Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Miscellaneous provisions - Regulations

213: Regulations: prescribed binding schemes

You could also call this:

“Rules for approving overseas schemes that protect your personal information”

The Governor-General can make rules about binding schemes. These schemes are important for protecting your personal information when it goes to other countries. The responsible Minister has to recommend these rules, but only after talking to the Privacy Commissioner.

The Minister can only recommend these rules if they think the binding schemes will protect your personal information as well as New Zealand’s Privacy Act does. This means that even if your information goes to a foreign person or company, it should still be safe.

These rules are called ‘secondary legislation’. This means they are official rules, but they’re not as big as the main laws made by Parliament. You can find out more about secondary legislation in Part 3 of the Legislation Act 2019.

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 It might be out of date or be missing some parts.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

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS151131.

Topics:
Rights and equality > Privacy
Government and voting > Government departments
Previous

212: Offences, or

“Things you can get in trouble for under this law”

Next

214: Regulations: prescribed countries, or

“Rules for sharing personal information with other countries”

Part 9 Miscellaneous provisions
Regulations

213Regulations: prescribed binding schemes

  1. 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).

  2. 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.

  3. Regulations made under this section are secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Notes
  • Section 213(3): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
  • Section 213(3): amended, on , by regulation 85 of the Legislation Act (Amendments to Legislation) Regulations 2021 (SL 2021/247).