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New Zealand law explained for everyone

Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

153: When requirement to give notice of adverse action applies

You could also call this:

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

You need to let someone know before you take action against them using their personal information, as explained in section 152. However, there are some cases where you don’t have to follow this rule.

If there’s an approved information sharing agreement, it might say that you can give less than 10 working days’ notice, or not give any notice at all. This is okay if it’s part of the agreement.

Even if the agreement doesn’t say anything about notice, you can ask the Privacy Commissioner for permission to give less notice or no notice in special situations. The Commissioner can decide if it’s okay for you to do this in that particular case.

Remember, these exceptions only apply when there’s an approved information sharing agreement or when the Privacy Commissioner gives special permission. Otherwise, you still need to follow the normal rules about giving notice.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23586.

Topics:
Rights and equality > Privacy
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152: Requirement to give notice of adverse action, or

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

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154: Responsibilities of lead agency, or

“Lead agency's duties: show agreement, report on it, and follow any other legal requirements”

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

153When requirement to give notice of adverse action applies

  1. The requirement to give notice under section 152 applies unless—

  2. an approved information sharing agreement provides that a party to the agreement may—
    1. give a shorter period of notice than the 10-working-day period referred to in section 152(2)(b); or
      1. dispense with the giving of the notice; or
      2. if an approved information sharing agreement does not include a provision of the kind specified in paragraph (a), the Commissioner, on the application of a party to an approved information sharing agreement, allows the party in the circumstances of a particular case to—
        1. give a shorter period of notice than the 10-working-day period referred to in section 152(2)(b); or
          1. dispense with the giving of the notice.

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