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New Zealand law explained for everyone

Privacy Act 2020

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

194: Commissioner's power to obtain information

You could also call this:

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

The Commissioner has the power to gather information to decide if they should stop personal information from being transferred. You can think of the Commissioner as a special person who makes sure your personal information is protected.

If the Commissioner needs to find out more about a situation involving personal information transfer, they can talk to anyone they think might have useful information. They can do this in the same way they would if they were doing an official investigation.

The Commissioner can choose how they want to collect this information. They can use any method they think will work best for getting the information they need.

When the Commissioner is gathering information in this way, they follow the rules set out in subpart 2 of Part 5 of the Privacy Act. This part of the law explains how investigations should be done.

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 It might be out of date or be missing some parts.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=LMS23674.

Topics:
Rights and equality > Privacy
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193: Prohibition on transfer of personal information outside New Zealand, or

“Rules for sending personal information overseas”

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195: Transfer prohibition notice, or

“Notice to stop an agency from sending personal information overseas”

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

194Commissioner's power to obtain information

  1. To enable the Commissioner to determine whether to prohibit a transfer of personal information, the Commissioner may hear or obtain information from any person as the Commissioner considers necessary, and for that purpose subpart 2 of Part 5 applies as if the Commissioner were carrying out an investigation under that subpart.

  2. In exercising any power under subsection (1), the Commissioner may adopt any procedure the Commissioner considers appropriate.

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