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Privacy Act 2020

Complaints, investigations, and proceedings

69: Interference with privacy of individual

You could also call this:

"When someone breaks the rules and hurts your privacy, that's interfering with your privacy."

Illustration for Privacy Act 2020

When an agency does something, it can interfere with your privacy. This happens if the agency breaks rules, such as the Information Privacy Principles, or information sharing agreements. The agency's action must also affect you in a bad way.

If an agency does something that breaches your privacy, it can cause you loss, damage, or injury. It can also affect your rights or make you feel humiliated. The agency's action is considered an interference with your privacy if it does these things.

When you ask an agency for information under certain rules, like IPP 6 or 7, they must respond properly. If they do not, or if they delay, this can also be an interference with your privacy. You can find more information about these rules in Part 4.

If an agency fails to respond to your request on time, or delays in giving you the information, this is like refusing your request. The same applies if they delay in correcting information or attaching a statement of correction after you ask them to. You can read about the time limits for responding to requests in Part 4.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23442.

Topics:
Rights and equality > Privacy
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68: Interpretation, or

"Explains key terms used in this part of the Privacy Act 2020"

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70: Complaints, or

"How to complain if you think someone has interfered with your privacy"

Part 5Complaints, investigations, and proceedings

69Interference with privacy of individual

  1. In this Act, an action of an agency is an interference with the privacy of an individual in any of the circumstances set out in subsection (2) or (3).

  2. An action of an agency is an interference with the privacy of an individual if the action breaches,—

  3. in relation to the individual,—
    1. 1 or more of the IPPs; or
      1. the provisions of an approved information sharing agreement; or
        1. the provisions of an information matching agreement or section 179 or 181; or
          1. section 115 (which requires an agency to give notice to affected individuals or the public of a notifiable privacy breach); and
          2. the action—
            1. has caused, or may cause, loss, detriment, damage, or injury to the individual; or
              1. has adversely affected, or may adversely affect, the rights, benefits, privileges, obligations, or interests of the individual; or
                1. has resulted in, or may result in, significant humiliation, significant loss of dignity, or significant injury to the feelings of the individual.

                2. An action of an agency is an interference with the privacy of an individual if, in relation to a request made by a person under IPP 6 or 7, the agency has, without proper basis, made—

                3. a decision to refuse a request under IPP 6; or
                  1. a decision to refuse a request under IPP 7; or
                    1. any other decision under Part 4 in relation to the request.

                      1. For the purpose of subsection (3)(a), the following must be treated as a decision by an agency to refuse a request under IPP 6:

                      2. a failure to comply with the time limits in Part 4 for responding to the request:
                        1. undue delay in making information available after granting the request.

                          1. For the purpose of subsection (3)(b), the following must be treated as a decision by an agency to refuse a request under IPP 7:

                          2. a failure to comply with the time limits in Part 4 for responding to the request:
                            1. undue delay in correcting information after granting the request:
                              1. undue delay in attaching a statement of correction after granting the request.

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