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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

80: Commencing investigation

You could also call this:

“How the Privacy Commissioner starts and communicates about an investigation”

When the Privacy Commissioner starts an investigation, they must first tell the person or organisation being investigated. The Commissioner will send them a notice that explains what the investigation is about. This notice will give details of the complaint or what is being looked into. It will also tell the person or organisation that they can write back to the Commissioner with their side of the story. They will be given enough time to do this. This is how the Commissioner makes sure everyone gets a fair chance to explain their actions before the investigation goes further.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23454.

Topics:
Rights and equality > Privacy
Government and voting > Government departments
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79: Application of this subpart, or

“When the Privacy Commissioner can investigate issues”

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81: Conducting investigation, or

“How the Privacy Commissioner conducts and manages complaint investigations”

Part 5 Complaints, investigations, and proceedings
Investigations by Commissioner

80Commencing investigation

  1. As the first step of an investigation, the Commissioner must notify the respondent that the Commissioner is commencing an investigation.

  2. A notice given under subsection (1) must set out—

  3. the details of—
    1. the complaint; or
      1. the subject of the investigation; and
      2. the right to provide, within a reasonable time, a written response to the Commissioner.

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