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Privacy Act 2020

Notifiable privacy breaches and compliance notices - Compliance notices

125: Form of compliance notice

You could also call this:

“What a compliance notice must include and how it is given to you”

When the Commissioner gives you a compliance notice, it must include certain information. The notice will state your name and explain how you have broken the law. It will tell you which parts of the law you have not followed. The notice will also tell you that you need to fix the problem. You will be told about your right to appeal the notice. This is explained in section 131. The notice might also have other information that the law says must be included.

The Commissioner can add extra details to the notice. They might suggest specific ways for you to fix the problem. They can also add conditions they think are needed. The notice might give you deadlines for when you need to fix the issue and when you should tell the Commissioner what you’ve done. The Commissioner can put other helpful information in the notice too.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23518.

Topics:
Rights and equality > Privacy
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124: Issuing compliance notice, or

“Commissioner's process for issuing a compliance notice to agencies”

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126: Agency response to compliance notice, or

“How an agency must respond when it receives a compliance notice”

Part 6 Notifiable privacy breaches and compliance notices
Compliance notices

125Form of compliance notice

  1. A compliance notice issued to an agency must—

  2. state the name of the agency; and
    1. describe the breach, citing the relevant statutory provision or provisions; and
      1. require the agency to remedy the breach; and
        1. inform the agency of the right of appeal under section 131; and
          1. contain any other information required by any regulations made under section 215(1)(c).

            1. A compliance notice issued to an agency may—

            2. identify particular steps that the Commissioner considers need to be taken by the agency to remedy the breach:
              1. include conditions that the Commissioner considers are appropriate:
                1. state the date or dates by which the agency must—
                  1. remedy the breach; and
                    1. report to the Commissioner on the steps taken to do so:
                    2. include other information that the Commissioner considers would be useful.

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