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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:

"Keeping you safe when you give information to help solve a problem"

Illustration for Privacy Act 2020

When you give information to the Commissioner, you have the same rights as a witness in court. You have the right to not share certain information, but if the Commissioner asks for it under section 87, you must give it to them so they can decide if it should be shared. The Commissioner can only use this information to make a decision about whether it should be shared.

If you give the Commissioner information, they must not use it for any other reason. They must not share their opinion about the information with anyone except the person who made the complaint, the person the information is about, the respondent, the Director, or the Tribunal. The Commissioner must not share the information with anyone except their lawyer, the Director, or the Tribunal, and only in certain situations.

The Commissioner can share general information that does not identify you or the person the information is about. They can also share the information if you and the person it is about agree to it. However, some privileges, like public interest immunity, are not protected by this section, as explained in section 209.

If you follow the Commissioner's requirements under section 87 or 88, you will not be in trouble with the law, except in certain cases like section 212.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23462.

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Crime and justice > Police and safetyRights and equality > Privacy
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88: Disclosure of information may be required despite obligation of secrecy, or

"Even if you're supposed to keep something secret, you might have to tell the Commissioner anyway."

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90: Disclosed information privileged, or

"Information shared with the Commissioner is protected and can't be used against you in court."

Part 5Complaints, 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.

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