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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:

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

When the Commissioner wants to stop an agency from sending personal information to another country, they use a transfer prohibition notice. This notice is given to the agency that wants to send the information.

The notice must include several important details. It needs to say which agency it’s for and describe the personal information involved. It also has to explain that sending the information to a specific country is not allowed. This could be a complete ban, or it might say the agency needs to take certain steps to protect people’s information before sending it.

The notice will say when it starts to apply and why the transfer is being stopped. It will also tell the agency that they can appeal against the notice to the Tribunal, and how long they have to do this.

Usually, the notice won’t start right away. It won’t begin until after the time for making an appeal has passed. If the agency does appeal, the notice won’t start until after the appeal is finished or withdrawn.

Sometimes, if there’s an urgent reason, the Commissioner might make the notice start sooner. In this case, it will start six working days after the agency gets it. The Commissioner must explain in the notice why it’s urgent.

You can find more information about when the Commissioner can prohibit transfers in section 193(1).

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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 Privacy Commissioner can collect information to protect personal data transfers”

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

“Privacy Commissioner can alter or remove notice restricting overseas data transfers”

Part 8 Prohibiting 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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