Plain language law

New Zealand law explained for everyone

Privacy Act 2020

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

196: Commissioner may vary or cancel transfer prohibition notice

You could also call this:

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

You can ask the Privacy Commissioner to change or cancel a transfer prohibition notice. This notice stops you from sending someone’s personal information to another country.

The Commissioner can change or cancel the notice if they think you don’t need to follow all or part of it to protect people’s privacy. They will let you know about this change by sending you a new notice.

If you have received a transfer prohibition notice, you can ask the Commissioner to change or cancel it. You need to wait until after the time for making an appeal has ended. Then you can write to the Commissioner to ask for changes.

The Commissioner has 20 working days to tell you if they will change or cancel the notice, or if they won’t do it. If they say no, they must tell you why.

If the Commissioner does change or cancel the notice, this will start the day after they tell you about their decision.

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 It might be out of date or be missing some parts.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=LMS23676.

Topics:
Rights and equality > Privacy
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195: Transfer prohibition notice, or

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

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197: Offence in relation to transfer prohibition notice, or

“Breaking the rules about sending personal information overseas”

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

196Commissioner may vary or cancel transfer prohibition notice

  1. If, at any time, the Commissioner considers that all or any of the provisions of a transfer prohibition notice served on an agency need not be complied with in order to avoid a contravention of basic principles of privacy or data protection, the Commissioner may vary or cancel the transfer prohibition notice by serving notice to that effect on the agency concerned.

  2. An agency on whom a transfer prohibition notice has been served may, at any time after the end of the period during which an appeal under section 198(1)(a) can be lodged, apply in writing to the Commissioner for the notice to be varied or cancelled under subsection (1).

  3. The Commissioner must, within 20 working days after the date on which an application under subsection (2) is received, notify the agency that the application—

  4. has been granted and that the transfer prohibition notice has been—
    1. varied; or
      1. cancelled; or
      2. has been refused and give the reason for the refusal.

        1. If the Commissioner cancels or varies a transfer prohibition notice under subsection (1), the variation or cancellation of the notice takes effect on the day after the date on which notice of the Commissioner’s decision to vary or cancel the transfer prohibition notice is served.

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