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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

152: Requirement to give notice of adverse action

You could also call this:

"Telling you before taking action against you because of your personal information"

Illustration for Privacy Act 2020

If someone is going to take action against you because of personal information that was shared, they must tell you first. They have to give you written notice before they take any action. This notice must explain what action they plan to take and why they are taking it.

The notice must also tell you that you have 10 working days to say if you think the personal information is wrong. You can dispute the action being taken against you under other laws, but when it comes to this specific situation, you can only argue that the action should not be taken if the personal information is incorrect.

You can find more information about this by looking at the Privacy Act 2020 and similar laws, such as section 96Q of the 1993 No 28 act.

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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

"The Commissioner can write and share a report on how an approved information sharing agreement affects people's privacy."

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

"When you must tell someone before taking action against them"

Part 7Sharing, 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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