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Privacy Act 2020

Repeal, revocation, and consequential amendments

Schedule 1: Transitional, savings, and related provisions

You could also call this:

"Rules to Help Change from the Old to the New Privacy Act"

Illustration for Privacy Act 2020

You need to know about the rules that help change from the old Privacy Act to the new one. The new Act started on 1 December 2020, which is called the commencement day. This schedule explains how things will work during the change. You should understand that some things from the old Act will still apply. For example, the person who was the Privacy Commissioner before the commencement day will keep their job. People who were privacy officers before the commencement day will also keep their jobs. There are rules about how to deal with complaints and investigations that started before the commencement day. These will be finished under the new Act. The Commissioner will also keep dealing with things that were already happening under the old Act. Some agreements and orders that were made under the old Act will still apply. These include information matching agreements and information sharing agreements. They will be treated as if they were made under the new Act.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23729.

Topics:
Rights and equality > Privacy
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218: Repeal of section 217 and Schedule 9, or

"Some old law parts are cancelled: Section 217 and Schedule 9 are no longer law from 8 December 2020."

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Schedule 2: Approved information sharing agreements, or

"Agreements that let government agencies share personal info to help each other"

1Transitional, savings, and related provisions Empowered by s 5

1Provisions relating to this Act as enacted

1Interpretation

  1. In this schedule,—

    commencement day means 1 December 2020

      this Act means the Privacy Act 2020.

      2Appointment of Privacy Commissioner

      1. The person who immediately before the commencement day held office as the Privacy Commissioner under the Privacy Act 1993 continues in office on and after that day as if the person were appointed under section 13 of this Act, and that person’s instrument of appointment is to be construed accordingly.

      3Appointment of privacy officers

      1. Any person who immediately before the commencement day was a privacy officer under section 23 of the Privacy Act 1993 continues on and after that day as a privacy officer under section 201 of this Act.

      4Application of IPP 6 and IPP 7

      1. A request made to an agency under information privacy principle 6 of the Privacy Act 1993 before the commencement day, but not dealt with by that day, must be treated as a request under IPP 6 and dealt with under this Act.

      2. A request made to an agency under information privacy principle 7 of the Privacy Act 1993 before the commencement day, but not dealt with by that day, must be treated as a request under IPP 7 and dealt with under this Act.

      5Authorisations

      1. An authorisation given by the Commissioner under section 54 of the Privacy Act 1993 that is in force immediately before the commencement day continues in force on and after that day as if it had been made under section 30 of this Act, and is subject to the same conditions (if any) as applied immediately before the commencement day.

      6Codes of practice

      1. A code of practice that was issued by the Commissioner under section 46 of the Privacy Act 1993 and that is in force immediately before the day on which subpart 2 of Part 3 of this Act comes into force continues in force on and after that day as if it had been issued under section 32 of this Act and may at any time be amended.

      7Complaints

      1. A complaint made before the commencement day under the Privacy Act 1993 that has not been resolved or otherwise dealt with by the Commissioner must be resolved or otherwise dealt with by the Commissioner under the procedures in this Act, even though the action that is the subject of the complaint occurred before that day.

      2. A complaint made after the commencement day under this Act that relates to an action that occurred before the commencement day must be resolved or otherwise dealt with by the Commissioner under the procedures in this Act.

      3. Any decision made, or thing done, by the Commissioner under the Privacy Act 1993 in relation to a complaint that before the commencement day was not the subject of an investigation must be treated as if it had been made or done under this Act.

      8Investigations and inquiries

      1. This clause applies to—

      2. an investigation that was commenced by the Commissioner under Part 8 of the Privacy Act 1993 before the commencement day, but not completed by that day (a pending investigation):
        1. an investigation that is commenced by the Commissioner under this Act after the commencement day and that relates to an action that occurred before the commencement day:
          1. an inquiry that was commenced by the Commissioner under section 13(1)(m) or 61(1) of the Privacy Act 1993 before the commencement day but not completed by that day (a pending inquiry).

            1. A pending investigation, an investigation referred to in subclause (1)(b), or a pending inquiry must be continued and completed or, in the case of an investigation referred to in subclause (1)(b), dealt with under this Act.

            2. Any decision made, or thing done, by the Commissioner under the Privacy Act 1993 in relation to a pending investigation or pending inquiry must be treated as if it had been made or done under this Act.

            9Proceedings

            1. Any proceedings commenced before the Human Rights Review Tribunal under Part 8 of the Privacy Act 1993 before the commencement day, but not completed by that day, must be continued and completed under this Act.

            2. Any proceedings that are commenced before the Human Rights Review Tribunal under this Act after the commencement day and that relate to an action that occurred before the commencement day must be dealt with under this Act.

            10Notifiable privacy breaches

            1. In this clause, notifiable privacy breach has the meaning given to it in section 112 of this Act.

            2. The provisions of subpart 1 of Part 6 do not apply to a notifiable privacy breach that occurred before the commencement day even if it continues after that day.

            11Information matching agreements

            1. An information matching agreement that was made under Part 10 of the Privacy Act 1993 and that is in force immediately before the commencement day continues in force, in accordance with its terms, as if it had been made under subpart 4 of Part 7 of this Act and may at any time be amended.

            2. Any decision or thing done under the Privacy Act 1993 before the commencement day in relation to a proposed information matching agreement must be treated as if it had been made or done under this Act.

            12Information sharing agreements

            1. An information sharing agreement that was made under Part 9A of the Privacy Act 1993 and that is in force immediately before the commencement day continues in force, in accordance with its terms, as if it had been made under subpart 1 of Part 7 of this Act.

            2. Any decision made or thing done under the Privacy Act 1993 before the commencement day in relation to a proposed information sharing agreement must be treated as if it had been made or done under this Act.

            13Orders in Council approving information sharing agreements

            1. An Order in Council that was made under sections 96J to 96L of the Privacy Act 1993 and that is in force immediately before the commencement day continues in force, in accordance with its terms, as if it had been made under sections 145 to 147 of this Act, and may at any time be amended.

            2. An Order in Council that was made under sections 96J to 96L of the Privacy Act 1993 but has not come into force before the commencement day, continues to have effect, in accordance with its terms, as if it had been made under sections 145 to 147 of this Act, and may at any time be amended.

            14Transfer prohibition notices

            1. A transfer prohibition notice that was given by the Commissioner under section 114B of the Privacy Act 1993 and that is in force immediately before the commencement day continues in force, in accordance with its terms, as if it had been given by the Commissioner under section 195 of this Act.

            15Police may continue to access law enforcement information in relation to persons aged 17 years

            1. Subclause (2) applies if, immediately before the commencement day,—

            2. the Police have commenced proceedings against a person aged 17 years, but those proceedings have not been completed, or, in respect of those proceedings, sentencing is pending; and
              1. the Police are accessing, or intending to access, the item of law enforcement information in Schedule 5 of the Privacy Act 1993 relating to court records described as details of hearings.

                1. If this subclause applies, Schedule 5 of the Privacy Act 1993 continues in force in relation to accessing the records of the person aged 17 years until—

                2. the proceedings referred to in subclause (1)(a) are discontinued or completed:
                  1. the sentencing referred to in subclause (1)(a) is completed:
                    1. the outcome of the proceedings and sentencing referred to in subclause (1)(a) has been recorded by the Police.

                      1. Subclause (2) does not limit the application of section 34 of the Legislation Act 2019.

                      Notes
                      • Schedule 1 clause 15(3): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).