Advisory opinions are opinions that agencies and ministers can seek from the Privacy Commissioner concerning the application of the Privacy Act.
The process is intended to promote understanding of the information privacy principles and give greater certainty to Ministers and agencies in relation to the Act’s operation in particular circumstances.
Opinions will usually be published on the OPC website and the relevant agencies named.
The policy aims to show Ministers and agencies how the Commissioner would view the operation of the Privacy Act in particular circumstances. The policy also aims to show how the Commissioner would be likely to approach a matter if it were raised in proceedings.
Does an advisory opinion provide the ‘final word’ on a point of legal interpretation under the Act?
This fact sheet outlines, and provides links to, resources from overseas on the case for comprehensive credit reporting and associated issues arising in the transition from a negative to a positive system.
The Privacy (Cross-border Information) Amendment Act 2010, which commenced on 8 September 2010, inserted a new Part 11A (Transfer of Personal Information outside New Zealand) into the Privacy Act 1993.
The objective of Part 11A is to empower the Privacy Commissioner in exceptional cases to prohibit the onward transfer of personal information received from overseas. The power to prohibit transfers is intended to meet the expectations of NZ's trading partners whose own laws limit cross-b...
The Privacy Commissioner has recently issued the Credit Reporting Privacy Code Amendment No 3, as notified in the Gazette. The amendment was publicly consulted on in 2009 and will come into force on 22 February 2010.
The Code anticipated a full review two years after it became fully operational. Please note that the Commissioner is undertaking that general review of the code at the present time. This amendment does not arise from that review. Any proposed changes arisi...