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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:

"Some privacy rules don't apply to certain information, like when it's used in investigations or given to the government."

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There are some rules about information privacy that do not apply to certain information. You need to know that these rules are called IPPs 6 and 7. They do not apply to personal information when it is being sent by post, delivered in person, or sent electronically.

IPPs 6 and 7 also do not apply to personal information that is part of an investigation by certain people, such as an Ombudsman, or the Commissioner, or any employee or delegate of the Commissioner. This information can be found in correspondence or communication between an agency and these people. It must relate to the investigation they are doing.

These rules do not apply to personal information held by the Auditor-General or their employees when they are doing their job. They also do not apply to personal information given as evidence or in submissions to a government inquiry, until the final report is presented. You can find more information about government inquiries and the Evidence (Video Records and Very Young Children’s Evidence) Regulations 2023 or the Data and Statistics Act 2022.

IPPs 6 and 7 also do not apply to personal information held by the Inspector-General of Defence or their employees when they are doing their job. IPP 7 does not apply to personal information collected by the Government Statistician under the Data and Statistics Act 2022. You can find more information about the Ombudsmen Act 1975 if you need it.

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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.

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

"Some privacy rules don't apply to spy agencies collecting personal information."

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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

"The Commissioner can allow agencies to use your personal info in special cases, with permission."

Part 3Information 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 (Video Records and Very Young Children’s Evidence) Regulations 2023 or any copy or transcript of the video record; or
                      1. personal information held by the Inspector-General of Defence, the Deputy Inspector-General of Defence, or any employee of the Inspector-General of Defence in connection with the performance or exercise of the Inspector-General of Defence’s functions, duties, or powers that is not personal information about any employee or former employee of the Inspector-General of Defence in their capacity as an employee.

                        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(1)(e): editorial change made by the PCO, on , under sections 86(1) and 87(o) of the Legislation Act 2019 (2019 No 58).
                        • Section 29(1)(f): inserted, on , by section 56 of the Inspector-General of Defence Act 2023 (2023 No 42).
                        • Section 29(2): amended, on , by section 107(1) of the Data and Statistics Act 2022 (2022 No 39).