No of times new compliance powers exercised

B Stewart made this Official Information request to Privacy Commissioner

The request was successful.

From: B Stewart

Dear Privacy Commissioner,

I co-author a professional publication on the Privacy Act 2020 and am involved in teaching a post-graduate university course on privacy law and make these requests in that context.

1 New powers by year
This particular request is focused upon the numbers of times the enforcement powers introduced by the 2020 Act have been exercised. For each financial year (and I realise this request will encompass both partial and incomplete years) since the commencement of the Privacy Act 2020 how many times were the following provisions exercised:
(a) Issue of an access direction under s 93. (The public record indicates that the power has been used at least once.)
(b) Issued a compliance notice under s 123. (It is a matter of public record that two have been issued but it is unclear whether that is all.)

2 Exercise of other powers
For the sake of the record would like confirmation of whether other powers have been exercised. These are not necessarily new powers. As I expect the answer in each case will be negative all I ask is whether the provisions have been exercised under the 2020 Act. If the powers have been exercised I may seek further information. Have any of the following powers been exercised under the Privacy Act 2020 to date?
(a) Grant of authorisation under s 30.
(b) Grant of authorisation under s 67.
(c) Report breach of duty or misconduct under s 96.
(d) Commencement of a prosecution, or referral to police, in relation to any offence under the Act.
(e) Commencement of proceedings under s 130.
(f) Issue of a transfer prohibition notice under s 193

B Stewart

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From: OIA
Privacy Commissioner


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Tçnâ koe

 

Please find attached the Privacy Commissioner’s response to your official
information request.

 

 

Aku mihi

 

Sharyn Leonard

Executive Assistant (Legal) | Kaiâwhina Mâtâmua, Taha Ture

 

Office of the Privacy Commissioner  Te Mana Mâtâpono Matatapu
PO Box 10094, The Terrace, Wellington 6143

privacy.org.nz 

 

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