Privacy Act 2020

Complaints, investigations, and proceedings - Proceedings before Human Rights Review Tribunal - Proceedings in relation to complaints or investigations

101: Onus of proof

You could also call this:

"They must prove it doesn't affect your privacy"

Illustration for Privacy Act 2020

If someone says an action does not interfere with your privacy, they must prove it. They have to show that the action is allowed under the Privacy Act 2020 or a code of practice. You can find more information about this by looking at the Privacy Act 2020 and similar laws, such as the one from 1993 No 28.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23476.


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"An apology for privacy issues can't be used as evidence, except when deciding compensation"


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102: Remedies in respect of interference with privacy, or

"What to do if someone interferes with your privacy"

Part 5Complaints, investigations, and proceedings
Proceedings before Human Rights Review Tribunal: Proceedings in relation to complaints or investigations

101Onus of proof

  1. If any provision of this Act, or any code of practice, excepts or exempts any action from being an interference with the privacy of an individual, the defendant has the onus of proving that exception or exemption in any proceedings under this Part.

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