Privacy Act 2020

Access to and correction of personal information - Charges

67: Commissioner may authorise public sector agency to impose charge

You could also call this:

“Commissioner can let government agencies charge for personal info access or correction”

The Commissioner can allow a public sector agency to charge you for accessing or correcting your personal information. This can happen if the Commissioner thinks the agency would be at a business disadvantage compared to private companies if they couldn’t charge.

The Commissioner can set rules about how the agency can charge. These rules are called conditions, and the Commissioner can make any conditions they think are right.

The Commissioner can also take away the agency’s permission to charge at any time. But before doing this, the Commissioner must let the agency explain their side of things.

If you want to know more about when agencies can charge, you can look at section 66(1)(a) or (2)(a) of this law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23419.

Topics:
Rights and equality > Privacy

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66: Charges, or

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Part 4 Access to and correction of personal information
Charges

67Commissioner may authorise public sector agency to impose charge

  1. The Commissioner may authorise a public sector agency to impose a charge under section 66(1)(a) or (2)(a) if the Commissioner is satisfied that the public sector agency will be commercially disadvantaged in comparison with any competitor in the private sector if it were not able to impose a charge.

  2. The Commissioner may impose any conditions on an authorisation that the Commissioner considers appropriate.

  3. The Commissioner may, at any time, revoke an authorisation, but only after giving the agency an opportunity to be heard.

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