Plain language law

New Zealand law explained for everyone

This page is about a bill. That means that it's not the law yet, but some people want it to be the law. It could change quickly, and some of the information is just a draft.

Customer and Product Data Bill

Protections - Privacy Act 2020

52: Access request not IPP 6 request but contravention is interference with privacy

You could also call this:

“Breaking the rules when giving you your data can be treated like a privacy problem”

This part of the proposed law talks about when someone asks a company for their personal information. If you ask a company for your data under sections 14 or 15 of this new law, it’s not the same as asking for your information under the Privacy Act 2020. But, if the company doesn’t follow the rules in sections 14, 15, or 16(2) of this new law when you ask for your data, it will be treated as if they’ve interfered with your privacy. This means you can complain about it using the same process as you would for privacy breaches under the Privacy Act 2020.

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 It might be out of date or be missing some parts.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=LMS851529.

Previous

51: Rules of scheme may be changed to provide for complaints about regulated data services, or

“Changes to complaint rules might let you report data handling issues”

Next

53: Certain contraventions relating to storage and security treated as breaching information privacy principle 5, or

“Breaking rules for keeping personal information safe is treated as a privacy breach”

Part 3 Protections
Privacy Act 2020

52Access request not IPP 6 request but contravention is interference with privacy

  1. This section applies to a request that a data holder provide data under section 14 or 15 to the extent that the request relates to personal information.

  2. The request is not a request made under IPP 6 and, accordingly, nothing in subpart 1 of Part 4 of the Privacy Act 2020 applies.

  3. However, if a data holder contravenes section 14, 15, or 16(2), the action of the data holder must be treated as being an interference with the privacy of an individual for the purposes of Parts 5 and 6 of the Privacy Act 2020.