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Privacy Act 2020

Access to and correction of personal information - Correction of personal information

62: Transfer of correction request

You could also call this:

"Asking another agency to fix your personal info if the first one doesn't have it"

Illustration for Privacy Act 2020

If you ask an agency to correct some personal information, but they do not have that information, they might think another agency has it. They might also think the information is more closely related to another agency's work. In these cases, the agency must send your request to the other agency within 10 working days.

The agency will tell you that they have sent your request to another agency. However, if the agency thinks you do not want them to send your request to another agency, they do not have to do it. If they decide not to send your request, they must tell you within 10 working days.

They will explain that they could have sent your request to another agency, but they did not because they thought you would not want that. They will also tell you which agency they could have sent your request to, as per section 39 of the 1993 Act. You will know what is happening with your request to correct your personal information.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23413.

Topics:
Rights and equality > PrivacyGovernment and voting > Government departments
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61: Assistance, or

"Agencies must help you fix mistakes in your personal information"

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63: Decision on request to correct personal information, or

"What happens when you ask to fix wrong personal information about you"

Part 4Access to and correction of personal information
Correction of personal information

62Transfer of correction request

  1. This section applies if an agency that receives a correction request—

  2. does not hold the information to which the request relates, but believes that the information is held by another agency; or
    1. believes that the information to which the request relates is more closely connected with the functions or activities of another agency.

      1. The agency must promptly, and in any case not later than 10 working days after the day on which the correction request is received, transfer the request to the other agency and inform the requestor accordingly.

      2. However, subsection (2) does not apply if the agency has good cause to believe that the requestor does not want the request transferred to another agency.

      3. If, in reliance on subsection (3), the agency does not transfer the request, the agency must promptly, and in any case not later than 10 working days after the day on which the correction request was received, inform the requestor—

      4. that this section applies in respect of the request; and
        1. that, in reliance on subsection (3), the request has not been transferred; and
          1. which agency the request could be transferred to.

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