Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Complaints, investigations, and proceedings

69: Interference with privacy of individual

You could also call this:

“When an agency mishandles your personal information or request”

When an agency (like a company or government department) does something that affects your privacy, it’s called an interference with your privacy. This can happen in a few ways.

An agency might break rules about how they should handle your personal information. These rules are called Information Privacy Principles (IPPs). They might also break agreements about sharing your information with others.

If an agency breaks these rules, and it causes you harm, affects your rights, or makes you feel really embarrassed or upset, that’s an interference with your privacy.

Another way an agency can interfere with your privacy is if you ask to see or correct your personal information that they hold, and they wrongly refuse or don’t respond properly. This includes if they take too long to give you the information or make the corrections you asked for.

Remember, you have the right to ask to see your personal information and ask for it to be corrected if it’s wrong. If an agency doesn’t handle your request properly, that’s also considered an interference with your privacy.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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 5 Complaints, 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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