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203: Inquiries
or “The Commissioner must follow specific rules when conducting inquiries”

You could also call this:

“Commissioner can seek court's opinion on privacy law interpretation”

If the Privacy Commissioner thinks it might be helpful to get a declaratory judgment or order from the High Court, they can ask the Director to decide if they should start a case. The Director can start a case under the Declaratory Judgments Act 1908, even if other laws or rules might say they can’t. This is true even if the issue isn’t part of what the Director usually does under the Privacy Act or the Human Rights Act. A declaratory judgment is when the court explains what a law means or how it should be used.

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Next up: 205: Protection against certain actions

or “Protection for those who give you your personal information when you ask for it”

Part 9 Miscellaneous provisions
General

204Powers relating to declaratory judgments

  1. If, at any time, it appears to the Commissioner that it may be desirable to obtain a declaratory judgment or an order of the High Court in accordance with the Declaratory Judgments Act 1908, the Commissioner may refer the matter to the Director for the purpose of deciding whether proceedings under that Act should be instituted.

  2. If a matter is referred to the Director under subsection (1), the Director has sufficient standing to institute proceedings under the Declaratory Judgments Act 1908.

  3. Subsection (2) applies—

  4. despite anything to the contrary in the Declaratory Judgments Act 1908, or any other enactment or rule of law; and
    1. whether or not the matter is within the Director’s functions and powers under this Act or the Human Rights Act 1993.
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