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:

"The Commissioner can change or cancel a notice to an agency if it's no longer needed or needs updating."

Illustration for Privacy Act 2020

The Commissioner can change or cancel a compliance notice at any time if they think something needs to be added or changed in the notice, or if the notice is no longer needed. You can find out what information needs to be in a compliance notice in section 125. The Commissioner can also change or cancel a notice if some or all of it has been done.

If the Commissioner makes a decision about a compliance notice, they must tell the agency in writing. The agency will be told that they have the right to appeal the decision under section 131.

A change or cancellation of a compliance notice happens on the first working day after the agency is told 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 It might be out of date or be missing some parts.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.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23520.

Topics:
Government and voting > Government departmentsRights and equality > Anti-discrimination
Previous

126: Agency response to compliance notice, or

"What to do when an organisation gets a notice to follow the privacy rules"

Next

128: Commissioner’s power to obtain information, or

"The Commissioner can ask people for information to help make decisions about privacy."

Part 6Notifiable 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