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Exemptions from the Privacy Act
The Act is not intended to cover all areas that may have an impact on a person’s privacy.
For example, sometimes other statutes or regulations govern whether information can be disclosed, or accessed.
Not all bodies or people are “agencies” as defined by the Act. Also, the privacy principles only apply to personal information.
So, for instance, the Commissioner cannot investigate:
- The judicial actions of a court or tribunal. Instead, you have to appeal or challenge judicial decisions through the normal process.
- The news media when they are engaging in news activities (such as producing television programmes, or publishing newspaper articles or letters to the editor). If you want to complain about the actions of a news medium, you need to approach authorities such as the Broadcasting Standards Authority or the New Zealand Press Council or the courts.
- MPs acting in their official capacity. The Commissioner will not investigate their actions. It is up to Parliament or political parties to discipline MPs who breach privacy.
- Matters that are only or mostly to do with personal/household/family affairs.
- Complaints about use of information about a company, rather than a person.