Privacy Act 2020

Information privacy principles and codes of practice - Information privacy principles

29: IPPs 6 and 7 do not apply to certain information

You could also call this:

“Certain types of personal information are exempt from access and correction rules”

Information Privacy Principles 6 and 7 (IPPs 6 and 7) don’t apply to some types of personal information. This includes:

Information that’s being sent by post, delivered in person, or sent electronically.

Information in communications between an agency and certain people (like an Ombudsman or the Privacy Commissioner) about an investigation they’re doing. This only applies to information created after the investigation started.

Some information held by the Auditor-General, Deputy Auditor-General, or their employees. This is information related to their job duties, but not about their own employees.

Information in evidence or submissions given to government inquiries, public inquiries (including Royal commissions), or other official inquiries, until their final reports are presented.

Information in video records made under the Evidence Regulations 2007, or in copies or transcripts of these videos.

Also, IPP 7 doesn’t apply to personal information collected by the Government Statistician under the Data and Statistics Act 2022.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23349.

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

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28: IPPs 2, 3, and 4(b) do not apply to personal information collected by intelligence and security agencies, or

“Intelligence agencies can collect personal info without telling you”


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30: Commissioner may authorise collection, use, storage, or disclosure of personal information otherwise in breach of IPP 2 or IPPs 9 to 12, or

“Commissioner can approve special use of personal information in certain cases”

Part 3 Information privacy principles and codes of practice
Information privacy principles

29IPPs 6 and 7 do not apply to certain information

  1. IPPs 6 and 7 do not apply in respect of—

  2. personal information during transmission by post, personal delivery, or electronic means; or
    1. personal information that is contained in any correspondence or communication between an agency and any of the following persons and that relates to an investigation conducted by that person under any Act, not being information that was in existence before the commencement of the investigation:
      1. an Ombudsman:
        1. any officer or employee appointed by the Chief Ombudsman under section 11(1) of the Ombudsmen Act 1975:
          1. the Commissioner:
            1. any employee or delegate of the Commissioner; or
            2. personal information held by the Auditor-General, the Deputy Auditor-General, or any employee of the Auditor-General in connection with the performance or exercise of the Auditor-General’s functions, duties, or powers that is not personal information about any employee or former employee of the Auditor-General in their capacity as an employee; or
              1. personal information contained in evidence given or submissions made to—
                1. a government inquiry, until the final report of that inquiry is presented to the appointing Minister:
                  1. a public inquiry (including a Royal commission), until the final report of that inquiry is presented to the House of Representatives:
                    1. a person or body appointed under any Act to inquire into a specified matter; or
                    2. personal information contained in a video record made under the Evidence Regulations 2007 or any copy or transcript of the video record.
                      1. IPP 7 does not apply to personal information collected by the Government Statistician under the Data and Statistics Act 2022.

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                      Notes
                      • Section 29(2): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).