Our website uses cookies so we can analyse our site usage and give you the best experience. Click "Accept" if you’re happy with this, or click "More" for information about cookies on our site, how to opt out, and how to disable cookies altogether.

More Accept ×

We respect your Do Not Track preference.

Close ×

opc header logo

Print | Email this page

Comparing the Privacy Acts - 1993 and 2020

Section

Privacy Act 1993 (No. 28)

Section

Privacy Act 2020 (No.31)
11 Short Title and commencement 1 Title
  Part 1 2 Commencement
  Preliminary provisions    
2 Interpretation 7 Interpretation
3 Information held by agency 10, 11 Personal information held by agency if held by officer, employee, or member of agency / Personal information treated as being held by another agency in certain circumstances
4 Actions of, and disclosure of information to, staff of agency, etc 12 Actions of, and disclosure of information to, staff of agency, etc
5 Act to bind the Crown 6 Act binds the Crown
  Part 2    
  Information privacy principles    
 6  Information privacy principles 22, 63, 64 Information privacy principles / Decision on request to correct personal information / Decision on request to attach statement of correction
7 Savings  24, 29 Relationships between IPPs and other New Zealand law / IPPs 6 and 7 do not apply to certain information
8 Application of information privacy principles 25, 26 IPPs 1 to 4 do not apply to personal information collected before 1 July 1993 /Restricted application of IPP 13 to unique identifiers assigned before 1 July 1993
9 Postponement of application of principle 11 to lists used for directmarketing     
10 Application of principles to information held overseas 23 Application of IPPs in relation to information held overseas
11 Enforceability of principles 31 Enforceability of IPPs
  Part 3    
  Privacy Commissioner    
12 Privacy Commissioner 13 Privacy Commissioner
13  Functions of Commissioner 17, 20 Functions of Commissioner / Duty to act independently
14  Commissioner to have regard to certain matters 21 Commissioner to have regard to certain matters
15  Deputy Commissioner 14 Deputy Privacy Commissioner
16  Term of office [Repealed]    
17  Continuation in office after term expires [Repealed]    
18  Vacation of office [Repealed]    
19  Holding of other offices 15 Holding of other offices
20  Powers relating to declaratory judgments 204 Powers relating to declaratory judgments
21  Directories of personal information    
22  Commissioner may require agency to supply information 202 Commissioner may require agency to supply information
23  Privacy officers 201 Privacy officers
24  Annual report    
25 Further provisions relating to Commissioner    
26 Review of operation of Act 17, 19 Functions of Commissioner / Responsible Minister must present copy of report on operation of Act to House of Representatives
   Part 4    
   Good reasons for refusing access to personal information    
27 Security, defence, international relations, etc 49, 51, 53 Protection, etc, of individual as reason for refusing access to personal information / Security, defence, international relations as reasons for refusing access to personal information / Other reasons for refusing access to personal information 
28  Trade secrets 52 Trade secret as reason for refusing access to personal information
29  Other reasons for refusal of requests 49, 50, 53 Protection, etc, of individual as reason for refusing access to personal information / Evaluative material as reason for refusing access to personal information / Other reasons for refusing access to personal information
30  Refusal not permitted for any other reason 46 Decision to refuse access to personal information
31  Restriction where person sentenced to imprisonment [Repealed]     
32  Information concerning existence of certain information 47 Decision to neither confirm nor deny personal information is held
  Part 5   Part 4
  Procedural provisions relating to access to and correction of
personal information 		    
33 Application 39 Interpretation
34 Individuals may make information privacy requests 40, 59 Individuals may make IPP 6 request / Individuals may make correction requests
35 Charges  66 Charges
36 Commissioner may authorise public sector agency to charge  67 Commissioner may authorise public sector agency to impose charge
37 Urgency 41, 60 Urgency 
38 Assistance 42, 61 Assistance
39 Transfer of requests 43, 62 Transfer of IPP 6 request / Transfer of correction request
40 Decisions on requests 45, 63, 64, 66 Decision to grant access to personal information / Decision on request to
correct personal information / Decision on request to attach statement of correction / Charges
41 Extension of time limits 48, 65 Extension of time limits 
42 Documents  56 Ways personal information in document may be made available
43 Deletion of information from documents 55 Withholding personal information contained in document
44 Reason for refusal to be given  46 Decision to refuse access to personal information
45 Precautions 57 Responsibilities of agency before giving access to personal information
   Part 6 Part 3   
  Codes of practice and exemptions from information privacy principles     
  Codes of practice    
46 Codes of practice 32 Codes of practice in relation to IPPs
47 Proposal for issuing of code of practice 33 Issue of code of practice
48 Notification of intention to issue code 33 Issue of code of practice
49 Notification, availability, and commencement of code 35 Notification, availability, and commencement of codes of practice
50 Application of Legislation Act 2012 to codes 36 Application of Legislation Act 2012 to codes of practice
51 Amendment and revocation of codes 37 Amendment and revocation of codes of practice
52 Urgent issue of code 34 Urgent issue of code of practice
53 Effect of code 38 Effect of codes of practice
  Specific exemptions    
54 Commissioner may authorise collection, use, or disclosure of personal information  30 Commissioner may authorise collection, use, stoage, or disclosure of personal information otherwise in breach of IPP2 or IPPs 9 to 12
55 Certain personal information excluded 29 IPPs 6 and 7 do not apply to certain information
56 Personal information relating to domestic affairs  27 Restricted application of IPPs to personal information collected or held for personal or domestic affairs
57 Exemption for intelligence and security agencies 28 IPPs 2, 3, and 4(b) do not apply to personal information collected by intelligence and security agencies 
  Part 7    
  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 38 Effect of codes of practice
65 Power to amend Schedule 2 by Order in Council    
  Part 8   Part 5
  Complaints    
  Interpretation    
66 Interference with privacy 69 Interference with privacy of individual
  Complaints    
67 Complaints 71 Who may make complaint / Form of complaint
68 Mode of complaint 72 Form of complaint
  Investigations by Commissioner    
69 Investigation of interference with privacy of individual    
70 Action on receipt of complaint 73 Procedure on receipt of complaint
71 Commissioner may decide to take no action on complaint 74 Commissioner may decide not to investigate complaint 
72 Referral of complaint to Ombudsman 75 Referral of complaint to another person
72A Referral of complaint to Health and Disability Commissioner 75 Referral of complaint to another person
72B Referral of complaint to Inspector-General of Intelligence and Security 75 Referral of complaint to another person
72C Referral of complaint to overseas privacy enforcement authority    
  Proceedings of Commissioner    
73 Proceedings of Commissioner 80 Commencing investigation
74 Settlement of complaints 77, 83 Exploring possibility of settlement and assurance without investigating complaint / Exploring possibility of settlement and assurance during investigation
75 Parties to be informed of result of investigation 81, 93, 94 Conducting investigation / Procedure after completion of investigation relating to charging / Procedure after completion of other investigations
76 Compulsory conferences 85 Compulsory conferences of parties to complaint
77 Procedure after investigation 94 Procedure after completion of other investigations
78 Procedure in relation to charging 77, 93 Exploring possibility of settlement and assurance without investigating complaint / Procedure after completion of investigation relating to charging
79 Breaches of certain principles occurring before 1 July 1996    
80 Commissioner to report breach of duty or misconduct 96 Commissioner to report breach of duty or misconduct
  Special procedure relating to intelligence and security agencies    
81 Special procedure relating to intelligence and security agencies 95 Special procedure relating to intelligence and security agency
  Proceedings before Human Rights Review Tribunal    
82 Proceedings before Human Rights Review Tribunal 97 Director may commence proceedings in Tribunal
83 Aggrieved individual may bring proceedings before Human Rights
Review Tribunal 		 98 Aggrieved individuals may commence proceedings in Tribunal
84 Remedies that may be sought 102 Remedies in respect of interference with privacy
85 Powers of Human Rights Review Tribunal 102, 110, 133 Remedies in respect of interference with privacy / Costs / Remedies, costs, and enforcement
86 Right of Director of Human Rights Proceedings to appear in proceedings 99, 110 Right of Director to appear in proceedings commenced under section 98 / Costs
87 Proof of exceptions 101 Onus of proof
88 Damages 103 Damages
89 Certain provisions of Human Rights Act 1993 to apply 111 Certain provisions of Human Rights Act 1993 to apply
  Part 9   Part 5 
  Proceedings of Commissioner    
90 Procedure  81, 82, 128 Conducting investigation / Commissioner may regulate own procedure /
Commissioner's power to obtain information
91 Evidence 86, 87 Power to summon persons / Power to require information and documents / 
92 Compliance with requirements of Commissioner 87 Power to require information and documents
93 Extension of time limit 87 Power to require information and documents
94 Protection and privileges of witnesses, etc 89 Protection and privileges of persons required to provide information, etc
95 Disclosures of information, etc  88 Disclosure of information may be required despite obligation of secrecy
96 Proceedings privileged 90 Disclosed information privileged
  Part 9A   Part 7
  Information sharing    
  Subpart 1—Preliminary matters    
96A Purpose of Part 136 Purpose of this subpart
96B Relationship between Part 9A and other law relating to information disclosure  137 Relationship between subpart 1 and other law relating to information disclosure
96C Interpretation 138 Interpretation
  Subpart 2—Information sharing agreements    
  Authority for information sharing    
96D Information sharing between agencies 139 Information sharing between agencies
96E Information sharing within agencies 140 Information sharing within agencies
  Parties    
96F Parties to information sharing agreement 141 Parties to information sharing agreement
96G Representative parties 142 Agreement may apply to classes of agencies
  Lead agency    
96H Determining which party is lead agency 143 Lead agency
  Form and content    
96I Form and content of information sharing agreement 144 Form and content of information sharing agreement
  Approval of information sharing agreements    
96J Governor-General may approve information sharing agreement by Order in Council 145 Governor-General may approve information sharing agreement by Order in Council
96K Requirements for Order in Council 146 Requirements for Order in Council
96L Further provisions about Order in Council 147 Further provisions about Order in Council
96M Application of Legislation Act 2012 148 Status of Order in Council
  Procedure for recommending Order in Council    
96N Matters to which relevant Minister must have regard before recommending Order in Council  149 Matters to which relevant Minister must have regard before recommending Order in Council
96O Matters to which relevant Minister must have regard before recommending Order in Council  150 Consultation on proposed information sharing agreement
  Matters to which relevant Minister must have regard before recommending Order in Council     
96P Commissioner may prepare and publish report on approved information sharing agreement  151 Commissioner may prepare and publish report on approved information sharing agreement
  Subpart 3—Matters relating to operation of approved information sharing agreements    
  Notice of adverse action    
96Q Requirement to give notice of adverse action 152 Requirement to give notice of adverse action
96R When requirement to give notice of adverse action applies 153 When requirement to give notice of adverse action applies
  Responsibilities of lead agency    
96S Responsibilities of lead agency 154 Responsibilities of lead agency
96T Report of lead agency 155 Report of lead agency
96U Commissioner may specify frequency of reporting by lead agency 156 Commissioner may specify frequency of reporting by lead agency
  Amendment of approved information sharing agreements    
96V Amendment of approved information sharing agreement 157 Amendment of approved information sharing agreement
  Review of approved information sharing agreement    
96W Review of operation of approved information sharing agreement 158 Review of operation of approved information sharing agreement
96X Report on findings of review 159 Report on findings of review
96Y Relevant Minister must present to House of Representatives copy of report under section 96X(1) and report setting out Government’s response  160 Relevant Minister must present copy of report under section 159(1) and report setting out Government's response to House of Representatives
  Subpart 4—Miscellaneous    
96Z Power to amend Schedule 2A 161 Power to amend Schedule 2 by Order in Council
  Part 10   Part 7
  Information matching    
  Interpretation    
97 Interpretation 177 Interpretation
97A Relationship between Part 10 and other law relating to information disclosure  176 Relationship between this subpart and other law relating to information disclosure
  Information matching guidelines    
98 Information matching guidelines    
  Authorised information matching programmes    
99 Information matching agreements 178 Information matching agreements
100 Use of results of information matching programme  179 Use of results of information matching programme
101 Further provisions relating to results of information matching programme    
102 Extension of time limit  180 Extension of time limit
103 Notice of adverse action proposed 181 Notice of adverse action proposed
104 Reporting requirements  182 Reporting requirements
105 Information matching programmes to be reported on in annual report 183 Reports on authorised information matching programmes
106 Review of statutory authorities for information matching 184, 185 Reports on information matching provisions / Responsible Minister must present copy of report under section 184 and report setting out Government's response to House of Representatives
107 Amendment of information matching rules 189 Power to amend Schedule 6 by Order in Council
  Avoidance of controls on information matching    
108 Avoidance of controls on information matching through use of exceptions to information privacy principles 186 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 187 Avoidance of controls on information matching through use of official information statutes
  Part 10A   Part 7
  Identity information    
109A Purpose of Part 162 Purpose of this subpart
109B Relationship between Part 10A and other law relating to information disclosure 163 Relationship between this subpart and other law relating to information disclosure
109C Interpretation 164 Interpretation
109D Access by agencies to identity information 165 Access by agencies to identity information
109E Manner and form of access 166 Manner and form of access
109F Annual reporting requirement 167 Annual reporting requirement
109G Amendment of Schedule 4A  168 Power to amend Schedule 3 by Order in Council
  Part 11   Part 7
  Law enforcement information    
110 Interpretation 171 Interpretation
110A Relationship between Part 11 and other law relating to information disclosure 170 Relationship between this subpart and other law relating to information disclosure
111 Access by accessing agencies to law enforcement information 172 Access by accessing agencies to law enforcement information
112 Local authorities may be authorised to have access to law enforcement information    
113 Amendment of Schedule 5 [Expired]    
114 Expiry of power to amend Schedule 5 by Order in Council    
  Part 11A   Part 8
  Transfer of personal information outside New Zealand    
114A Interpretation 192 Interpretation
114B Prohibition on transfer of personal information outside New Zealand 193 Prohibition on transfer of personal information outside New Zealand
114C Commissioner’s power to obtain information 128, 194 Commissioner's power to obtain information
114D Transfer prohibition notice 195 Transfer prohibition notice
114E Commissioner may vary or cancel notice 196 Commissioner may vary or cancel transfer prohibition notice
114F Offence in relation to transfer prohibition notice 197 Offence in relation to transfer prohibition notice
114G Appeals against transfer prohibition notice 198 Appeals against transfer prohibition notice
114H Application of Human Rights Act 1993 199 Application of Human Rights Act 1993
  Part 12   Part 9
  Miscellaneous provisions    
  General    
115 Protection against certain actions 205 Protection against certain actions
116 Commissioner and staff to maintain secrecy 206 Commissioner and staff to maintain secrecy
117 Consultation with Ombudsmen 208 Consultation
117A Consultation with Health and Disability Commissioner 208 Consultation
117B Consultation with Inspector-General of Intelligence and Security 208 Consultation
118 Corrupt use of official information [Repealed]    
119 Exclusion of public interest immunity 209 Exclusion of public interest immunity
120 Adverse comment 210 Adverse comment
  Delegations    
121 Delegation of functions or powers of Commissioner [Repealed]    
122 Delegate to produce evidence of authority [Repealed]    
123 Revocation of delegations [Repealed]    
124 Delegation of powers by local authority    
125 Delegation of powers by officers of local authority    
  Liability and offences    
  Liability of employer and principals 211 Liability of employers, principals, and agencies
126 Offences 212 Offences
127 Regulations    
128 Regulations 125 Other regulations
  128A  200 Power to amend Scheduled 8 by Order in Council
  Amendments, repeals, and revocations    
129 Amendments, repeals, and revocations 216 Repeal and revocation
129A Amendment relating to Legislation Act 2012    
129B New section 96M substituted    
  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 5 Transitional, savings, and related provisions
133 Transitional provision 5 Transitional, savings, and related provisions
Schedule 1 Provisions applying in respect of Commissioner 16 Superannuation or retiring allowances 
Schedule 2 Public registers Schedule 2 Approved information sharing agreements
Schedule 2A Approved information sharing agreements    
Schedule 3 Information matching provisions Schedule 5 Information matching provisions
Schedule 4 Information matching rules Schedule 6 Information matching rules
Schedule 4A Identity information Schedule 3 Identity information
Schedule 5 Law enforcement information Schedule 4 Law enforcment info
Schedule 5A Basic principles of national application set out in Part Two of the OECD Guidelines Schedule 8 Basic principles of national application set out in Part Two of OECD Guidelines
Schedule 6 Enactments amended  Schedule 7 Amendments to other enactments related to subpart 4 of Part 7
Schedule 7 Enactments amended     
Schedule 8 Orders revoked    

Download a copy of this table (opens to PDF, 359KB).

Back to top