Privacy Act 2020

Information privacy principles and codes of practice - Information privacy principles

31: Enforceability of IPPs

You could also call this:

"When can you take someone to court if they break the rules about your personal information?"

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If you think your privacy has been breached, you might want to take it to court. The Information Privacy Principles, or IPPs, are rules that help keep your personal information safe, but they do not automatically give you a right to take someone to court. You can only take someone to court if they have broken certain rules, like the ones in IPP 6(1), and this only applies if a public sector agency is holding your personal information.

When it comes to public sector agencies holding your personal information, you have legal rights under IPP 6(1) that you can enforce in court. These rights are special because they are connected to personal information held by the government or other public agencies. You can find more information about this by looking at the Privacy Act and similar laws, like the one from 1993.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23351.


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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."


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32: Codes of practice in relation to IPPs, or

"Rules to help keep your personal info safe and private"

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

31Enforceability of IPPs

  1. Except as provided in subsection (2), the IPPs do not confer on any person any right that is enforceable in a court of law.

  2. The entitlements conferred on an individual by IPP 6(1), to the extent that those entitlements relate to personal information held by a public sector agency, are legal rights and are enforceable in a court of law.

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