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Privacy Act 2020

Miscellaneous provisions - General

201: Privacy officers

You could also call this:

"Agencies must have a privacy officer to help protect people's personal information"

Illustration for Privacy Act 2020

An agency must choose one or more people to be their privacy officers. These people will help the agency follow the rules about protecting personal information. They will also deal with requests from people about their personal information and work with the Commissioner to investigate any problems.

The privacy officers will make sure the agency is doing what it is supposed to do under the law. They will encourage the agency to follow the rules and help with investigations. This is an important job to protect people's personal information.

If an agency is just one person collecting information for their own personal use, they do not need to appoint a privacy officer. For bigger agencies, like government departments, the department is responsible for making sure the rules are followed. The privacy officers will work to ensure the agency complies with the provisions of this Act, including working with the Commissioner in relation to investigations conducted under Part 5.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23683.

Topics:
Rights and equality > Privacy
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Part 9Miscellaneous provisions
General

201Privacy officers

  1. An agency must appoint as privacy officers for the agency 1 or more individuals (within or outside the agency) whose responsibilities include—

  2. encouraging the agency to comply with the IPPs:
    1. dealing with requests made to the agency under this Act:
      1. working with the Commissioner in relation to investigations conducted under Part 5 in relation to the agency:
        1. ensuring that the agency complies with the provisions of this Act.

          1. Subsection (1) does not apply to an agency that is an individual who is collecting and holding personal information solely for the purposes of, or in connection with, the individual’s personal or domestic affairs.

          2. In relation to the functions of a departmental agency, the responsibility under this section lies with the departmental agency.

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          Notes
          • Section 201(3): inserted, on , by section 128 of the Public Service Act 2020 (2020 No 40).