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Privacy Act 2020

Information privacy principles and codes of practice - Information privacy principles

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

You could also call this:

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

Illustration for Privacy Act 2020

The Commissioner can let an agency collect, use, store, or share your personal information even if it normally wouldn't be allowed under rules like IPP 2 or IPPs 9 to 12. You can think of IPP 2 as a rule that says agencies should collect personal information in a fair way, and IPPs 9 to 12 as rules that say agencies should keep, use, and share personal information in a way that respects your privacy. The agency has to ask the Commissioner for permission first. The agency must ask the Commissioner in the way the Commissioner says to. The Commissioner will think about whether letting the agency collect, use, store, or share your personal information is a good idea, and will consider what you think about it. The Commissioner will only say yes if they think it's really important for the public, or if it will help you, and if the good things about it outweigh the potential bad things.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23350.

Topics:
Rights and equality > Privacy
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29: IPPs 6 and 7 do not apply to certain information, or

"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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31: Enforceability of IPPs, or

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

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

  1. An agency may apply to the Commissioner for authorisation to do any of the following in the circumstances of a particular case:

  2. collect personal information even if the collection of that information would otherwise be in breach of IPP 2:
    1. keep personal information even if the keeping of that information would otherwise be in breach of IPP 9:
      1. use personal information even if the use of that information would otherwise be in breach of IPP 10:
        1. disclose personal information even if the disclosure of that information would otherwise be in breach of IPP 11 or 12.

          1. An application under subsection (1) must be made in the manner required by the Commissioner.

          2. If, on receiving an application, the Commissioner is not satisfied that the applicant has taken sufficient steps to give notice of the application to all individuals concerned, the Commissioner may require the applicant to give public notice of the application in a manner that the Commissioner specifies.

          3. If, on receiving an application, the Commissioner is not satisfied that the applicant has given sufficient opportunity to individuals concerned to object to the application, the Commissioner may require the applicant to give any further opportunity that the Commissioner specifies.

          4. In considering whether to grant an authorisation, the Commissioner must take into account any objections to the application received from individuals concerned.

          5. The Commissioner may grant an authorisation sought by an applicant only if the Commissioner is satisfied that, in the special circumstances of the case,—

          6. the public interest in granting the authorisation outweighs, to a substantial degree, the possibility of—
            1. any loss, detriment, damage, or injury to the individuals concerned; or
              1. any adverse effect on the rights, benefits, privileges, obligations, or interests of the individuals concerned; or
                1. any significant humiliation, significant loss of dignity, or significant injury to the feelings of the individuals concerned; or
                2. granting the authorisation would result in a clear benefit to the individuals concerned that outweighs the possibility of—
                  1. any loss, detriment, damage, or injury to the individuals concerned; or
                    1. any adverse effect on the rights, benefits, privileges, obligations, or interests of the individuals concerned; or
                      1. any significant humiliation, significant loss of dignity, or significant injury to the feelings of the individuals concerned.

                      2. The Commissioner may not grant an authorisation under subsection (6) in respect of any specified personal information if the individual concerned objected.

                      3. An authorisation granted under subsection (6) may be subject to any conditions that the Commissioner considers appropriate.

                      4. The Commissioner must maintain on the Commissioner’s Internet site a list of current authorisations granted under this section.

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