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Privacy Act 1993  028
ANALYSIS

Analysis
Title
1 Short Title and commencement

I: Preliminary Provisions
2 Interpretation
3 Information held by agency
4 Actions of, and disclosure of information to, staff of agency, etc.
5 Act to bind the Crown

II: Information Privacy Principles
6 Information privacy principles
7 Savings
8 Application of information privacy principles
9 Postponement of application of principle 11 to lists used for direct marketing
10 Application of principles to information held overseas
11 Enforceability of principles

III: Privacy Commissioner
12 Privacy Commissioner
13 Functions of Commissioner
14 Commissioner to have regard to certain matters
15 Deputy Commissioner
16 Term of office
17 Continuation in office after term expires
18 Vacation of office
19 Holding of other offices
20 Powers relating to declaratory judgments
21 Directories of personal information
22 Commissioner may require agency to supply information
23 Privacy officers
24 Annual report
25 Further provisions relating to Commissioner
26 Review of operation of Act

IV: Good Reasons for Refusing Access to Personal Information
27 Security, defence, international relations, etc.
28 Trade secrets
29 Other reasons for refusal of requests
30 Refusal not permitted for any other reason
31 Restriction where person sentenced to imprisonment
32 Information concerning existence of certain information

V: Procedural Provisions Relating to Access to and Correction of Personal Information
33 Application
34 Who may make requests
35 Charges
36 Commissioner may authorise public sector agency to charge
37 Urgency
38 Assistance
39 Transfer of requests
40 Decisions on requests
41 Extension of time limits
42 Documents
43 Deletion of information from documents
44 Reason for refusal to be given
45 Precautions

VI: Codes of Practice and Exemptions from Information Privacy Principles

Codes of Practice
46 Codes of practice
47 Proposal for issuing of code of practice
48 Notification of intention to issue code
49 Notification, availability, and commencement of code
50 Codes deemed to be regulations for purposes of disallowance
51 Amendment and revocation of codes
52 Urgent issue of code
53 Effect of code

Specific Exemptions
54 Commissioner may authorise collection, use, or disclosure of personal information
55 Certain personal information excluded
56 Personal information relating to domestic affairs
57 Intelligence organisations

VII: Public Register Personal Information
58 Interpretation
59 Public register privacy principles
60 Application of information privacy principles and public register privacy principles to public registers
61 Complaints relating to compliance with principles
62 Enforceability of principles
63 Codes of practice in relation to public registers
64 Effect of code
65 Power to amend Second Schedule by Order in Council

VIII: Complaints

Interpretation
66 Interference with privacy

Complaints
67 Complaints
68 Mode of complaint

Investigations by Commissioner
69 Investigation of interference with privacy of individual
70 Action on receipt of complaint
71 Commissioner may decide to take no action on complaint
72 Referral of complaint to Ombudsman

Proceedings of Commissioner
73 Proceedings of Commissioner
74 Settlement of complaints
75 Parties to be informed of result of investigation
76 Compulsory conferences
77 Procedure after investigation
78 Procedure in relation to charging
79 Breaches of certain principles occurring before 1 July 1996
80 Commissioner to report breach of duty or misconduct

Special Procedure Relating to Intelligence Agencies
81 Special procedure relating to intelligence agencies

Proceedings Before Complaints Review Tribunal
82 Proceedings before Complaints Review Tribunal
83 Aggrieved individual may bring proceedings before Complaints Review Tribunal
84 Remedies that may be sought
85 Powers of Complaints Review Tribunal
86 Right of Proceedings Commissioner to appear in proceedings
87 Proof of exceptions
88 Damages
89 Certain provisions of Human Rights Commission Act 1977 to apply

IX: Proceedings of Commissioner
90 Procedure
91 Evidence
92 Compliance with requirements of Commissioner
93 Extension of time limit
94 Protection and privileges of witnesses, etc.
95 Disclosures of information, etc.
96 Proceedings privileged

X: Information Matching

Interpretation
97 Interpretation

Information Matching Guidelines
98 Information matching guidelines

Authorised Information Matching Programmes
99 Information matching agreements
100 Use of results of information matching programme
101 Further provisions relating to results of information matching programme
102 Extension of time limit
103 Notice of adverse action proposed
104 Reporting requirements
105 Information matching programmes to be reported on in annual report
106 Review of statutory authorities for information matching
107 Amendment of information matching rules

Avoidance of Controls on Information Matching
108 Avoidance of controls on information matching through use of exceptions to information privacy principles
109 Avoidance of controls on information matching through use of official information statutes

XI: Law Enforcement Information
110 Interpretation
111 Access by accessing agencies to law enforcement information
112 Local authorities may be authorised to have access to law enforcement information
113 Amendment of Fifth Schedule
114 Expiry of power to amend Fifth Schedule by Order in Council

XII: Miscellaneous Provisions

General
115 Protection against certain actions
116 Commissioner and staff to maintain secrecy
117 Consultation with Ombudsmen
118 Corrupt use of official information
119 Exclusion of public interest immunity
120 Adverse comment

Delegations
121 Delegation of functions or powers of Commissioner
122 Delegate to produce evidence of authority
123 Revocation of delegations
124 Delegation of powers by local authority
125 Delegation of powers by officers of local authority

Liability and Offences
126 Liability of employer and principals
127 Offences

Regulations
128 Regulations

Amendments, Repeals, and Revocations
129 Amendments, repeals, and revocations

Transitional Provisions and Savings
130 Final report of Wanganui Computer Centre Privacy Commissioner
131 Privacy Commissioner to complete work in progress of Wanganui Computer Centre Privacy Commissioner
132 Savings
133 Transitional provision

Schedule(s)

1 FIRST SCHEDULE: Provisions Applying in Respect of Commissioner
2 SECOND SCHEDULE: Public Registers
3 THIRD SCHEDULE: Information Matching Provisions
4 FOURTH SCHEDULE: Information Matching Rules
5 FIFTH SCHEDULE: Law Enforcement Information
6 SIXTH SCHEDULE: Enactments Amended
7 SEVENTH SCHEDULE: Enactments Repealed
8 EIGHTH SCHEDULE: Orders Revoked

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