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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 to help keep your personal info safe and private"

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The Commissioner can create a code of practice about information privacy principles. You need to know that a code of practice can change how some information privacy principles work. It can make some principles stronger or weaker.

A code of practice can apply to certain types of information, agencies, or activities. It can also apply to certain industries or professions. You should be aware that a code of practice can control how agencies compare personal information.

A code of practice can set guidelines for agencies when they charge for services, as stated in section 66. It can also say when agencies cannot charge for services. A code of practice can outline how to deal with complaints about breaches of the code, as seen in Part 5.

A code of practice cannot limit your rights under certain information privacy principles. There is an exception for codes of practice that apply to information about deceased people, which is related to section 7(1) and section 38. You can find more information about the status of codes of practice under the Legislation Act 2019, as mentioned in section 36.

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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

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33: Issue of code of practice, or

"Creating a code of practice to help groups follow privacy rules"

Part 3Information 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).