Privacy Act 2020

Notifiable privacy breaches and compliance notices - Compliance notices

128: Commissioner’s power to obtain information

You could also call this:

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

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The Commissioner can hear from or get information from anyone they think might know something relevant before deciding whether to issue a notice or change an existing one. You might be one of the people the Commissioner wants to hear from if you have information about a privacy breach. The Commissioner follows rules outlined in sections 86 to 90 when getting this information, as if they were investigating something under Part 5.

The Commissioner can decide how to go about getting this information, except in cases where sections 86 to 90 say otherwise. This means the Commissioner has some flexibility in how they get the information they need. You can find more information about this in the relevant sections of the law.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23521.


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127: Commissioner may vary or cancel compliance notice, or

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


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129: Publication of details of compliance notice, or

"Commissioner can publish details about compliance notices if it's in the public interest"

Part 6Notifiable privacy breaches and compliance notices
Compliance notices

128Commissioner’s power to obtain information

  1. Before deciding whether to issue a compliance notice or to vary or cancel a compliance notice, the Commissioner may hear or obtain information from any person who the Commissioner considers may have relevant information.

  2. Sections 86 to 90 apply as if the Commissioner were carrying out an investigation under Part 5.

  3. Except as provided for in sections 86 to 90, the Commissioner may regulate the Commissioner’s procedure as the Commissioner considers appropriate.

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