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Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

94: Procedure after completion of other investigations

You could also call this:

"What happens after the Commissioner finishes investigating a complaint about privacy"

Illustration for Privacy Act 2020

When the Commissioner finishes investigating a complaint, they can decide if it is valid or not. They can say the complaint has substance, or it does not have substance. The Commissioner can also investigate something on their own and decide if they should proceed with it.

If the Commissioner thinks a complaint is valid, they will try to resolve the issue and get an assurance from the person or organisation involved, as stated in section 83(1). They will do their best to fix the problem. The Commissioner will also try to get an assurance if they decide to proceed with an investigation they started themselves, as stated in section 83(2).

If the Commissioner cannot resolve the issue, they can refer it to the Director or take other action they think is appropriate. They can also refer the complaint to the Director if someone did something wrong again after already agreeing not to, as stated in the Privacy Act 1993. The Commissioner will tell everyone involved what they have decided and what they will do next. They will notify you of their decision, any referral to the Director, and any other action they take.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23467.

Topics:
Rights and equality > Privacy
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Part 5Complaints, investigations, and proceedings
Investigations by Commissioner

94Procedure after completion of other investigations

  1. After the Commissioner has completed an investigation under this subpart, other than an investigation to which section 91 or 93 applies, the Commissioner may,—

  2. in the case of an investigation conducted in respect of 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 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 a 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, the Commissioner may do either or both of the following:

          5. refer the complaint or the matter, as the case may be, to the Director:
            1. take any other action the Commissioner considers appropriate.

              1. Without limiting subsection (4)(a), 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 notify the parties to the investigation of—

              3. any determination made, or not made, under subsection (1); and
                1. any referral made under subsection (4)(a); and
                  1. any other action taken under subsection (4)(b).

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