Privacy Act 2020

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

197: Offence in relation to transfer prohibition notice

You could also call this:

“Breaking the rules about sending personal information overseas”

If you receive a transfer prohibition notice, you must follow it. A transfer prohibition notice is an official order that stops you from sending someone’s personal information to another country. If you don’t follow this order and you don’t have a good reason, you are breaking the law. This is called an offence. If you are found guilty of this offence in court, you might have to pay a fine. The most you could be fined is $10,000. This law helps protect people’s personal information from being sent to other countries when it shouldn’t be.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23677.

Topics:
Rights and equality > Privacy
Crime and justice > Criminal law

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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”


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198: Appeals against transfer prohibition notice, or

“How to challenge a notice that stops you from sending personal information overseas”

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

197Offence in relation to transfer prohibition notice

  1. Every person who, without reasonable excuse, fails or refuses to comply with a transfer prohibition notice commits an offence and is liable on conviction to a fine not exceeding $10,000.

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