Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Complaints, investigations, and proceedings - Investigations by Commissioner

95: Special procedure relating to intelligence and security agency

You could also call this:

“Special rules for handling privacy complaints about intelligence agencies”

If you make a complaint about something an intelligence and security agency has done, or if there’s an investigation about it, the normal rules don’t apply. Instead, there’s a special way to handle it.

If the Privacy Commissioner looks into what an intelligence and security agency did and thinks they’ve interfered with someone’s privacy, they’ll write a report. This report will explain why the Commissioner thinks there was a problem. The Commissioner might also suggest ways to fix the issue.

When the Commissioner gives this report to the agency, they can ask the agency to tell them what they plan to do about it. The agency needs to respond within a certain time.

If the agency doesn’t do enough to address the problem, the Commissioner can send the report to the Prime Minister. The Prime Minister can then show all or part of the report to the House of Representatives if they think it’s necessary.

This special process helps deal with privacy issues involving intelligence and security agencies while still protecting sensitive information.

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 It might be out of date or be missing some parts.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=LMS23468.

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

94: Procedure after completion of other investigations, or

“What happens after an investigation is completed”

Next

96: Commissioner to report breach of duty or misconduct, or

“Commissioner must report serious wrongdoing or negligence by agencies”

Part 5 Complaints, investigations, and proceedings
Investigations by Commissioner

95Special procedure relating to intelligence and security agency

  1. Nothing in section 85, 91, 93, 94, or subpart 3 applies to—

  2. any complaint made under this Part in relation to an action of an intelligence and security agency; or
    1. any investigation conducted under this Part in relation to an action of an intelligence and security agency.

      1. If, after completing an investigation, the Commissioner is of the opinion that an action of an intelligence and security agency is an interference with the privacy of an individual, the Commissioner must provide to the intelligence and security agency a report setting out—

      2. that opinion; and
        1. the reasons for that opinion.

          1. A report provided under subsection (2) may include any recommendations that the Commissioner considers appropriate.

          2. When making a report under subsection (2), the Commissioner may request the intelligence and security agency to notify the Commissioner within a specified time of any steps the agency proposes to take in response to the report and to any recommendations included in the report.

          3. If, within a reasonable time after any report is made, the intelligence and security agency has taken no steps in response to the report that the Commissioner considers to be adequate and appropriate, the Commissioner may send a copy of the report to the Prime Minister.

          4. As soon as practicable after receiving a report under subsection (5), the Prime Minister may present the report, or any part of the report, to the House of Representatives.

          Compare