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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:

“Who must prove they didn't break privacy rules when there's an exception”

If someone says they didn’t break privacy rules because of a special exception in the Privacy Act 2020 or a code of practice, they have to prove it. This means that if you take them to court because you think they interfered with your privacy, they need to show evidence that their actions were allowed under the law. You don’t have to prove that they’re not covered by an exception - it’s their job to prove that they are.

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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.

Topics:
Rights and equality > Privacy
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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 the Tribunal can do if someone interferes with your privacy”

Part 5 Complaints, 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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