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Privacy Act 2020

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

195: Transfer prohibition notice

You could also call this:

"Warning: Don't send personal info to some countries"

Illustration for Privacy Act 2020

If you get personal information from overseas, you might receive a transfer prohibition notice. This notice is sent to the agency that wants to transfer the information. The notice must say who it is for, what information is involved, and that the transfer to a certain country is not allowed. It must also say when the notice starts, why the transfer is not allowed, and that the agency can appeal the decision to the Tribunal. You can appeal the notice, and if you do, the notice does not take effect until the appeal is decided or withdrawn.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23675.

Topics:
Rights and equality > Privacy
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194: Commissioner's power to obtain information, or

"The Commissioner can collect information to help make decisions about personal info."

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196: Commissioner may vary or cancel transfer prohibition notice, or

"The Commissioner can change or cancel a notice that stops information being shared if it's no longer needed to keep your personal info safe."

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

195Transfer prohibition notice

  1. A prohibition under section 193(1) is effected by the service of a transfer prohibition notice on the agency that proposes to transfer the personal information concerned.

  2. A transfer prohibition notice must—

  3. state the name of the agency to whom it relates; and
    1. describe the personal information concerned; and
      1. state that the transfer of the personal information concerned from New Zealand to a specified country is prohibited—
        1. absolutely; or
          1. until the agency has taken the steps stated in the notice to protect the interests of any individual or individuals affected by the transfer; and
          2. state the time at which the notice takes effect; and
            1. state the ground for the prohibition; and
              1. state that the agency on whom the notice is served may lodge an appeal against the notice to the Tribunal, and state the time within which the appeal must be lodged.

                1. The time at which the notice takes effect under subsection (2)(d) must not be before the end of the period within which an appeal against the notice can be lodged.

                2. If an appeal is brought, the notice does not take effect until the determination or withdrawal of the appeal.

                3. If the Commissioner, by reason of special circumstances, considers that the prohibition should take effect as a matter of urgency in relation to all or any part of the notice,—

                4. subsections (3) and (4) do not apply; and
                  1. the notice takes effect on the sixth working day after the date on which the notice is served; and
                    1. the notice must include—
                      1. a statement that the Commissioner considers that the prohibition must take effect as a matter of urgency; and
                        1. a statement of the reasons why the Commissioner has reached that conclusion.

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