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Customer and Product Data Bill

Protections - Complaints

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

You could also call this:

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

The new law might allow changes to existing dispute resolution schemes. These changes would let you complain about how data holders or accredited requestors handle regulated data services. The person in charge of a scheme could change the rules to include these complaints.

If this law passes, the new rules would explain how to make these complaints and how they should be looked into. The changes would help the scheme deal with these new types of complaints.

The government might make rules that say some other laws don’t apply when changing these schemes. Even if other laws say you need someone’s permission to change the rules, these changes could still happen if this new law is passed.

When the law talks about a ‘scheme’, it means a way to solve disagreements that was set up or approved under other laws.

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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=LMS924797.

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50: Data holder or accredited requestor must be member of dispute resolution scheme (if scheme has been prescribed), or

“Companies must join a group that helps solve data problems”

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

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

Part 3 Protections
Complaints

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

  1. The person responsible for a scheme may, in the manner prescribed in the regulations, change the rules of a scheme to—

  2. allow customers to make complaints about the conduct of a data holder or an accredited requestor (A) in connection with regulated data services that A provides or requests; and
    1. provide for how those complaints must be investigated and otherwise dealt with; and
      1. otherwise facilitate the scheme dealing with those complaints.

        1. The regulations may disapply any requirement or restriction imposed under any other legislation in connection with a change to the rules of a scheme.

        2. A change made under this section is effective despite anything to the contrary in any other legislation, including anything relating to the consent or approval of any person to the making of the change.

        3. In this section, scheme means a dispute resolution scheme established, approved, or otherwise authorised for any purpose under any other legislation.