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New Zealand law explained for everyone

Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

152: Requirement to give notice of adverse action

You could also call this:

“You must inform someone before taking action that could negatively affect them based on their shared personal information”

If you are part of an approved information sharing agreement, you need to tell someone in writing before you do something that might negatively affect them based on their personal information that was shared under the agreement. This is called giving notice of adverse action.

When you give this notice, you need to explain what you plan to do and what personal information you’re using to make this decision. You also need to tell the person that they have 10 working days after they get the notice to say if they think the information about them is wrong.

It’s important to know that the person can try to stop the adverse action in other ways if there are laws that allow it. But if they want to argue against the action under this specific rule, they can only do so by showing that the personal information used is not correct.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23585.

Topics:
Rights and equality > Privacy
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151: Commissioner may prepare and publish report on approved information sharing agreement, or

“Privacy Commissioner can write and share reports about information sharing agreements”

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153: When requirement to give notice of adverse action applies, or

“When you must tell someone before taking action using their personal information”

Part 7 Sharing, accessing, and matching personal information
Information sharing

152Requirement to give notice of adverse action

  1. A party to an approved information sharing agreement must give written notice to an individual before it takes any adverse action against the individual on the basis (whether in whole or in part) of personal information about the individual that was shared under the agreement.

  2. The notice must—

  3. give details of the adverse action that the party proposes to take and the personal information about the individual on which the action is based; and
    1. state that the individual has 10 working days from the receipt of the notice within which to dispute the correctness of that personal information.

      1. To avoid doubt, the individual who is given the notice may take any steps that are available under any enactment to dispute any proposed adverse action against them, but the only basis on which the individual may show cause under this section as to why the proposed adverse action should not be taken is that it is based on incorrect personal information.

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