Privacy Act 2020

Privacy Commissioner - Functions of Privacy Commissioner

18: Other functions of Commissioner

You could also call this:

"The Commissioner's extra jobs: giving advice on protecting personal information"

Illustration for Privacy Act 2020

The Minister can ask the Commissioner for advice on whether a scheme protects personal information in a way that is similar to the rules in the Privacy Act. You can find more information about this in section 213. The Minister wants to know if the scheme's rules are good enough to protect your personal information.

The Minister can also ask the Commissioner if a country's privacy laws are similar to the rules in the Privacy Act. This is to help the Minister decide if they should recommend making rules under section 214 about that country. The Minister might want to know if the country's laws are good enough to protect your personal information when it is sent to that country.

The Commissioner can look at a country's privacy laws on their own or as part of a group of countries to decide if they are similar to the rules in the Privacy Act. This can include countries that follow rules like the General Data Protection Regulation. The Commissioner can also consider if a country should have any limits on how they handle personal information, as described in section 214(3).

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS272446.


Previous

17: Functions of Commissioner, or

"The Commissioner's jobs: helping keep your personal information safe"


Next

19: Responsible Minister must present copy of report on operation of Act to House of Representatives, or

"Minister must share report on how well the Privacy Act 2020 is working with Parliament."

Part 2Privacy Commissioner
Functions of Privacy Commissioner

18Other functions of Commissioner

  1. The responsible Minister may, for any of the following purposes, request the Commissioner to provide advice on whether a binding scheme requires a foreign person or entity to protect personal information in a way that, overall, provides comparable safeguards to those in this Act:

  2. to assist the Minister in deciding whether to recommend the making of regulations under section 213 prescribing the binding scheme:
    1. to assist the Minister in deciding whether any regulations made under section 213 prescribing the binding scheme should be—
      1. continued without amendment; or
        1. continued with amendment; or
          1. revoked; or
            1. replaced.
            2. The responsible Minister may, for the following purposes, request the Commissioner to provide advice on whether the privacy laws of a country, overall, provide comparable safeguards to those in this Act:

            3. to assist the Minister in deciding whether to recommend the making of regulations under section 214 prescribing the country:
              1. to assist the Minister in deciding whether any regulations made under section 214 prescribing the country should be—
                1. continued without amendment; or
                  1. continued with amendment; or
                    1. revoked:
                    2. to assist the Minister in deciding whether, for the purposes in paragraph (a) or (b)(i) or (ii), the country should be subject to any limitation or qualification of the kind specified in section 214(3).
                      1. For the purpose of providing advice to the responsible Minister under subclause (2), the Commissioner may assess the privacy laws of a particular country on an individual basis or on the basis of the country being a member of a bloc of countries however described (for example, the specified country being a member of the European Economic Area and therefore subject to the General Data Protection Regulation).

                      Notes
                      • Section 18(3): inserted, on , by section 12 of the Privacy Amendment Act 2025 (2025 No 53).