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Privacy Act 2020

Information privacy principles and codes of practice - Codes of practice

33: Issue of code of practice

You could also call this:

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

The Privacy Commissioner can create a code of practice in two ways. They can do it on their own, or someone can ask them to do it. If someone asks for a code, they must represent a group like an industry or profession, and the code must apply to that group or its activities.

Before the Commissioner makes a code, they must tell the public about it. They will let you know where to find the details and draft of the code. They will also tell you how long you have to give your thoughts on it.

The Commissioner will try their best to tell everyone who might be affected by the code about it. They will explain what the code is about and why they want to make it. They will give you a chance to share your ideas about the code.

After getting everyone’s ideas, the Commissioner will think about them carefully. When they put a notice in the Gazette (which is like a government newsletter), it means they have done everything they needed to do to make the code properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23369.

Topics:
Rights and equality > Privacy
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“Rules for handling personal information”

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

33Issue of code of practice

  1. The Commissioner may issue a code of practice on—

  2. the Commissioner’s own initiative; or
    1. the application of any person.

      1. An application may be made under subsection (1)(b) only—

      2. by a body that represents the interests of any class or classes of agency, industry, profession, or calling (a group); and
        1. if the code of practice sought by the applicant is intended to apply to that group, or any activity of the group.

          1. Before issuing a code of practice, the Commissioner must—

          2. give public notice of the Commissioner’s intention to issue the code and include a statement that—
            1. the details of the proposed code, including a draft of the proposed code, may be obtained from the Commissioner; and
              1. submissions on the proposed code may be made in writing to the Commissioner within the period specified in the notice; and
              2. do everything reasonably possible to advise all persons affected by the proposed code, or the representatives of those persons, of—
                1. the details of the proposed code; and
                  1. the reasons for the proposed code; and
                  2. give the persons affected by the code, or the representatives of those persons, the opportunity to make submissions on the proposed code; and
                    1. consider any submissions made on the proposed code.

                      1. Publication in the Gazette of a notice under subsection (3)(a) is conclusive proof that the requirements of that provision have been complied with in respect of the code of practice to which the notice relates.

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