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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:

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

Illustration for Privacy Act 2020

The Commissioner can create a code of practice on their own or because someone asked them to. You can ask the Commissioner to create a code of practice if you are part of a group that represents a particular industry or profession. The Commissioner will only consider your request if the code of practice is for your group.

Before the Commissioner creates a code of practice, they must tell the public about it and provide a draft of the proposed code. You can then make submissions to the Commissioner about the proposed code within a certain time frame. The Commissioner must also try to inform all people who will be affected by the code and give them a chance to make submissions.

If the Commissioner publishes a notice in the Gazette, it means they have followed the correct process for creating a code of practice. You can find more information about this by looking at the Privacy Act 2020 and other related laws, such as the 1993 No 28 ss 47(1), (3), (4) and 48(1), (2). The Commissioner will consider all submissions before creating a code of practice.

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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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Part 3Information 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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