Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

89: Protection and privileges of persons required to provide information, etc

You could also call this:

“Rights and protections when providing information to the Privacy Commissioner”

You have the same rights as people who give evidence in court when you provide information to the Privacy Commissioner. This means you can refuse to answer some questions or share certain information.

If the Commissioner asks for information about a complaint where someone wasn’t allowed to see their personal information, you must give it to the Commissioner even if you think it’s private. The Commissioner will then decide if it should be shared with the person who made the complaint.

The Commissioner can only use this information to decide if it should be shared. They can’t use it for anything else or share it with others, except in special cases. The Commissioner can only tell certain people, like the person who made the complaint or the person the complaint is about, what they think about the information.

The Commissioner can give general opinions about the information without naming anyone involved. They can also share the information if everyone agrees.

These rules don’t stop the Commissioner from sharing information that’s in the public interest.

If you give information to the Commissioner when they ask for it, you won’t get in trouble for breaking other laws by doing so.

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 It might be out of date or be missing some parts.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=LMS23462.

Topics:
Rights and equality > Privacy
Government and voting > Government departments
Previous

88: Disclosure of information may be required despite obligation of secrecy, or

“Privacy Commissioner can require disclosure of confidential information with some exceptions”

Next

90: Disclosed information privileged, or

“Information provided to the Commissioner is protected and privileged”

Part 5 Complaints, investigations, and proceedings
Investigations by Commissioner

89Protection and privileges of persons required to provide information, etc

  1. Every person has the same privileges as witnesses have in a court of law in relation to—

  2. giving evidence to, or answering questions put by, the Commissioner:
    1. providing information, documents, or things to the Commissioner.

      1. However, if the Commissioner issues a notice under section 87 in relation to a particular complaint under IPP 6 and the person who receives the notice claims privilege over any information, document, or thing, that person must nevertheless provide the information, document, or thing that is the subject of the complaint to the Commissioner for the purpose of the Commissioner determining whether it is properly withheld from the aggrieved individual.

      2. When any information, document, or thing is provided under subsection (2), the Commissioner must not—

      3. use the information, document, or thing other than for the purpose specified in subsection (2); or
        1. take into account the information or any information in the document or thing in forming an opinion about the release of any other information; or
          1. give an opinion as to whether the claim of privilege is valid to any person other than—
            1. the complainant (if any):
              1. an aggrieved individual:
                1. the respondent:
                  1. the Director:
                    1. the Tribunal; or
                    2. release the information, document, or thing, or any information derived from the document or thing, to any person other than—
                      1. any lawyer engaged by the Commissioner for the purpose of providing legal advice as to whether the information, document, or thing would be properly withheld under subsection (1); or
                        1. the Director, if the Commissioner has given an opinion to the Director under paragraph (c)(iv); or
                          1. the Tribunal, if the Commissioner is required to provide a report or information under section 108(1).

                          2. Subsection (3)(c) does not prevent the Commissioner from giving, either generally or to a particular person, an opinion in a form that does not identify—

                          3. the person who provided the information, document, or thing; or
                            1. a person who is the subject of the information, document, or thing.

                              1. Subsection (3)(d) does not prevent the Commissioner from giving the information, document, or thing, or any information derived from the document or thing, to a person if—

                              2. the person who provided the information, document, or thing consents; and
                                1. the person who is the subject of the information, document, or thing consents.

                                  1. The privileges protected by this section do not include public interest immunity (see section 209).

                                  2. A person who complies with any requirement of the Commissioner under section 87 or 88 is not liable to prosecution for an offence against any enactment (other than section 212) in respect of that compliance.

                                  Compare