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Customer and Product Data Act 2025

Protections - Privacy Act 2020

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

You could also call this:

“Breaking rules about giving you your information is like messing with your privacy”

When you ask a company to give you your personal information under sections 14 or 15 of this law, it’s not the same as asking for your information under the Privacy Act. However, if the company doesn’t follow the rules in sections 14, 15, or 16(2) when you ask for your data, it’s treated as if they’ve interfered with your privacy. This means you can complain about it using parts 5 and 6 of the Privacy Act 2020.

The Privacy Commissioner might need to spend money to deal with these complaints. Some of this money can come from fees that companies pay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS851529.

Topics:
Rights and equality > Privacy Money and consumer rights > Consumer protection
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"Scheme rules can be changed to let customers complain about data services"

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

"Breaking rules about storing or protecting personal info is like breaking a privacy rule"

Part 3 Protections
Privacy Act 2020

51Access 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.

    Guidance note

    See section 135(4)(b), which provides for all or part of the costs of the Privacy Commissioner in acting under the Privacy Act 2020 in connection with a contravention referred to in this subsection to be met from levies.