Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

91: Procedure after completion of investigation relating to access to personal information

You could also call this:

“What happens after the Privacy Commissioner investigates a complaint about accessing your personal information”

This law explains what happens after the Commissioner finishes looking into a complaint about your personal information. The Commissioner can decide if the complaint is valid or not. If it’s valid, they will try to help solve the problem and get a promise from the agency to do better.

If the Commissioner started the investigation on their own, they can decide if it should continue or not. If it should continue, they will try to get a promise from the agency to improve.

If the problem isn’t solved, the Commissioner can do a few things. They can tell the agency to give you access to your information, send the issue to the Director, or take other actions they think are right.

The Commissioner might send the issue to the Director if the agency broke a promise they made before about handling personal information.

After all this, the Commissioner will let you and the agency know what they decided and what they’re going to do about it. They’ll explain why they made their decision and tell you about any directions they gave or if they sent the issue to the Director.

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 It might be out of date or be missing some parts.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=LMS23464.

Topics:
Rights and equality > Privacy
Previous

90: Disclosed information privileged, or

“Information provided to the Commissioner is protected and privileged”

Next

92: Access direction, or

“The Commissioner can instruct agencies on how to provide access to your personal information”

Part 5 Complaints, investigations, and proceedings
Investigations by Commissioner

91Procedure after completion of investigation relating to access to personal information

  1. This section applies after the Commissioner has completed an investigation of an action of an agency under subpart 1 of Part 4 that appears to be an interference with the privacy of an individual.

  2. The Commissioner may,—

  3. in the case of an investigation conducted on a complaint, make a determination that the complaint—
    1. has substance; or
      1. does not have substance; or
      2. in the case of an investigation conducted on the Commissioner’s own initiative, make a determination that the matter that is the subject of the investigation—
        1. should be proceeded with; or
          1. should not be proceeded with.

          2. If the Commissioner determines that a complaint has substance, the Commissioner must use best endeavours to secure a settlement of the complaint and an assurance of the kind specified in section 83(1).

          3. If the Commissioner determines that the matter that is the subject of an investigation should be proceeded with, the Commissioner must use best endeavours to secure an assurance of the kind specified in section 83(2).

          4. If the complaint or matter has not been resolved despite the Commissioner using best endeavours under subsection (3) or (4), the Commissioner may do 1 or more of the following:

          5. make any access direction under section 92 that the Commissioner considers appropriate:
            1. refer the complaint or matter, as the case may be, to the Director:
              1. take any other action that the Commissioner considers appropriate.

                1. Without limiting subsection (5)(b), the Commissioner may refer the complaint or matter, as the case may be, to the Director if the action that is the subject of the complaint or investigation was done in contravention of any term of settlement or assurance previously secured under this Act or the Privacy Act 1993.

                2. As soon as practicable, the Commissioner must give notice to the parties of—

                3. any determination made, or not made, under subsection (2) and the reasons for making or not making that determination; and
                  1. any access direction that is made referred to in subsection (5)(a); and
                    1. any referral made under subsection (5)(b) or (6); and
                      1. any other action taken under subsection (5)(c).