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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 for information before deciding on compliance notices”

The Commissioner can get information from anyone they think might know something important before they decide to give, change, or cancel a compliance notice. This is like when they do an investigation, and the same rules apply.

You can find these rules in [Sections 86 to 90]. These sections explain how the Commissioner can ask for information and what they can do with it.

The Commissioner can decide how to get the information they need, as long as they follow the rules in [Sections 86 to 90]. They can choose the best way to do this that works for them.

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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.

Topics:
Rights and equality > Privacy
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127: Commissioner may vary or cancel compliance notice, or

“Commissioner can modify or remove a compliance notice”

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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 6 Notifiable 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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