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Privacy Act 2020

Complaints, investigations, and proceedings - Complaints

76: Referral of complaint to overseas privacy enforcement authority

You could also call this:

"Sending your privacy complaint to another country to be sorted out"

Illustration for Privacy Act 2020

If you make a complaint, the Commissioner might think it's better handled by a privacy authority in another country. The Commissioner can talk to this overseas authority and you, the person who made the complaint, to figure out what to do. They will decide the best way to deal with your complaint.

If the Commissioner thinks the overseas authority should handle your complaint, they can send it to them, but only if you and the overseas authority agree. You can see how this rule is similar to an older law, the Privacy Act 1993, by looking at section 72C. The Commissioner will work with you and the overseas authority to make sure your complaint is handled properly.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23450.

Topics:
Rights and equality > Privacy
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75: Referral of complaint to another person, or

"When to send your complaint to someone else to handle"

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Part 5Complaints, investigations, and proceedings
Complaints

76Referral of complaint to overseas privacy enforcement authority

  1. This section applies if, on receiving a complaint, the Commissioner considers that the complaint relates, in whole or in part, to a matter that is more properly within the jurisdiction of an overseas privacy enforcement authority.

  2. As soon as practicable, the Commissioner may—

  3. consult the overseas privacy enforcement authority and the complainant; and
    1. decide the appropriate means of dealing with the complaint.

      1. If the Commissioner decides that the complaint should be dealt with, in whole or in part, by the overseas privacy enforcement authority and both the authority and the complainant agree, the Commissioner may refer the complaint, or the appropriate part of the complaint, to the authority.

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