Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Prohibiting onward transfer of personal information received in New Zealand from overseas

193: Prohibition on transfer of personal information outside New Zealand

You could also call this:

“Rules for sending personal information overseas”

The Privacy Commissioner can stop personal information from being sent from New Zealand to another country. This can happen if the information came to New Zealand from another country and might be sent to a third country that doesn’t have similar privacy laws to New Zealand. The Commissioner can also stop the transfer if it might break important privacy rules.

When deciding whether to stop information from being sent, the Commissioner thinks about a few things. They consider if the transfer might affect any person. They also think about how important it is for information to move easily between countries. The Commissioner looks at international guidelines about how information should move between countries too.

There are some cases where the Commissioner can’t stop information from being sent to another country. If a New Zealand law says the information must be sent, or if an international agreement requires it, then the Commissioner can’t stop it.

You can find more information about the basic privacy principles in Schedule 8 of this Act. The Commissioner also considers section 21 when making decisions about stopping information transfers.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23673.

Topics:
Rights and equality > Privacy
Previous

192: Interpretation, or

“Explaining key terms used in this part of the law”

Next

194: Commissioner's power to obtain information, or

“The Privacy Commissioner can collect information to protect personal data transfers”

Part 8 Prohibiting onward transfer of personal information received in New Zealand from overseas

193Prohibition on transfer of personal information outside New Zealand

  1. The Commissioner may prohibit a transfer of personal information from New Zealand to another country if the Commissioner is satisfied, on reasonable grounds, that—

  2. the information has been, or will be, received in New Zealand from another country and is likely to be transferred to a third country where it will not be subject to a law providing comparable safeguards to those in this Act; and
    1. the transfer would be likely to lead to a contravention of the basic principles of national application set out in Part Two of the OECD Guidelines and in Schedule 8 of this Act.

      1. In determining whether to prohibit a transfer of personal information, the Commissioner must also consider, in addition to the matters set out in subsection (1) and section 21, the following:

      2. whether the transfer affects, or is likely to affect, any individual; and
        1. the general desirability of facilitating the free flow of information between New Zealand and other countries; and
          1. any existing or developing international guidelines relevant to transborder data flows, including (but not limited to)—
            1. the OECD Guidelines:
              1. the General Data Protection Regulation.

              2. Subsection (1) does not apply if the transfer of the information, or the information itself, is—

              3. required or authorised by or under any enactment; or
                1. required by any convention or other instrument that imposes international obligations on New Zealand.

                  Compare