Plain language law

New Zealand law explained for everyone

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:

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

The Commissioner can allow an agency to collect, keep, use, or share your personal information in a way that would normally not be allowed. The agency needs to ask the Commissioner for permission first. They have to explain why they need to do this.

The Commissioner might ask the agency to tell everyone affected about their request. They might also need to give people a chance to say they don’t agree.

When deciding whether to give permission, the Commissioner thinks about any objections from people affected. They can only say yes if it’s really important for the public or if it will clearly help the people involved.

The Commissioner won’t give permission for specific information if the person it’s about says no. If they do give permission, they might add some rules about how the information can be used.

You can find a list of all the current permissions on the Commissioner’s website.

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 It might be out of date or be missing some parts.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=LMS23350.

Topics:
Rights and equality > Privacy
Previous

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

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

Next

31: Enforceability of IPPs, or

“How you can enforce your right to access personal information held by public agencies”

Part 3 Information 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.

                      Compare