Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Notifiable privacy breaches and compliance notices - Compliance notices

127: Commissioner may vary or cancel compliance notice

You could also call this:

“Commissioner can modify or remove a compliance notice”

The Commissioner can change or cancel a compliance notice at any time. They might do this if they think they need to add or change information in the notice, if some or all of the notice has been followed, or if some or all of the notice is no longer needed.

If the Commissioner decides to change or cancel a notice, they must tell the agency in writing. This written notice must also tell the agency that they have the right to appeal this decision under section 131.

When the Commissioner changes or cancels a compliance notice, it doesn’t happen right away. The change or cancellation starts on the first working day after the agency gets the written notice about the decision.

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 It might be out of date or be missing some parts.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=LMS23520.

Topics:
Rights and equality > Privacy
Previous

126: Agency response to compliance notice, or

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

Next

128: Commissioner’s power to obtain information, or

“The Commissioner can ask for information before deciding on compliance notices”

Part 6 Notifiable privacy breaches and compliance notices
Compliance notices

127Commissioner may vary or cancel compliance notice

  1. The Commissioner may vary or cancel a compliance notice at any time if the Commissioner considers that—

  2. any of the information listed in section 125 needs to be added to or amended in the notice; or
    1. all or part of the notice has been complied with; or
      1. all or part of the notice is no longer needed.

        1. The Commissioner must give written notice to the agency concerned of a decision under this section.

        2. The notice must inform the agency of the right to appeal under section 131.

        3. A variation or cancellation of a compliance notice takes effect on the first working day after the day on which the notice of the decision is given to the agency.

        Compare