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Privacy Act 2020

Information privacy principles and codes of practice - Codes of practice

32: Codes of practice in relation to IPPs

You could also call this:

“Rules for handling personal information”

The Privacy Commissioner can create rules called codes of practice about how personal information should be handled. These codes can change how the Information Privacy Principles (IPPs) are used. They can make the rules stricter or less strict, or even say that some actions don’t have to follow the IPPs.

These codes can apply to specific types of information, certain organisations, particular activities, or specific industries or jobs. They can also set rules for private companies about comparing personal information.

The codes can give guidelines on how much organisations can charge for providing information, and when they shouldn’t charge at all. They can also explain how to deal with complaints about the code being broken.

The Commissioner can review these codes and set a date for when they will end. However, these codes can’t reduce your rights to access or correct your personal information.

Interestingly, some codes can apply the IPPs to information about people who have died, even though the IPPs usually only apply to living people.

You can find more information about the legal status of these codes in section 36 of the Privacy Act 2020.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23365.

Topics:
Rights and equality > Privacy
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31: Enforceability of IPPs, or

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

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33: Issue of code of practice, or

“How codes of practice are created and issued by the Privacy Commissioner”

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

32Codes of practice in relation to IPPs

  1. The Commissioner may at any time issue a code of practice in relation to the IPPs.

  2. A code of practice may—

  3. modify the application of 1 or more of the IPPs by—
    1. prescribing more stringent or less stringent standards:
      1. exempting any action from an IPP, either unconditionally or conditionally:
      2. apply 1 or more of the IPPs without modification:
        1. prescribe how 1 or more of the IPPs are to be applied or complied with.

          1. A code of practice may apply in relation to 1 or more of the following:

          2. any specified information or class or classes of information:
            1. any specified agency or class or classes of agency:
              1. any specified activity or class or classes of activity:
                1. any specified industry, profession, or calling or class or classes of industry, profession, or calling.

                  1. A code of practice may also—

                  2. impose, in relation to any private sector agency, controls in relation to the comparison (whether done manually or by means of any electronic or other device) of personal information with other personal information for the purpose of producing or verifying information about an identifiable individual:
                    1. in relation to charging under section 66,—
                      1. set guidelines to be followed by agencies in determining charges:
                        1. prescribe circumstances in which no charge may be imposed:
                        2. prescribe procedures for dealing with complaints alleging a breach of the code, without limiting or restricting any provision of Part 5:
                          1. provide for the review of the code by the Commissioner:
                            1. provide for the expiry of the code.

                              1. A code of practice may not limit or restrict the entitlements under IPP 6 or 7.

                              2. Despite the definition of the term individual in section 7(1),—

                              3. a sector-specific code of practice may be issued that applies 1 or more of the IPPs to information about deceased persons (whether or not the code also applies 1 or more of the IPPs to other information); and
                                1. the code of practice has effect under section 38 as if those IPPs so applied, and the provisions of this Act apply accordingly.

                                  1. See section 36 for the status under the Legislation Act 2019 of codes of practice under this section.

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                                  Notes
                                  • Section 32(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).