Version as at
6 December 2023
Privacy Act 2020
Part 2 s 17
Subpart 2—Functions of Privacy Commissioner
17
Functions of Commissioner
(1)
The functions of the Commissioner are—
(a)
to exercise the powers, and carry out the functions and duties, conferred
on the Commissioner by or under this Act or any other enactment:
(b)
to provide advice (with or without a request) to a Minister, a Parliamen‐
tary Under-Secretary, or an agency on any matter relevant to the oper‐
ation of this Act:
(c)
to promote, by education and publicity, an understanding and acceptance
of the information privacy principles and of the objectives of those prin‐
ciples:
(d)
to make public statements in relation to any matter affecting the privacy
of individuals:
(e)
to receive and invite representations from members of the public on any
matter affecting the privacy of individuals:
(f)
to consult and co-operate with other persons and bodies concerned with
the privacy of individuals:
(g)
to examine any proposed legislation (including secondary legislation) or
proposed government policy that the Commissioner considers may affect
the privacy of individuals, including any proposed legislation that makes
provision for either or both of the following:
(i)
the collection of personal information by a public sector agency:
(ii)
the sharing of personal information between public sector agen‐
cies (including parts of public sector agencies):
(h)
to monitor the use of unique identifiers:
(i)
to inquire generally into any matter, including any other enactment or
any law, or any practice or procedure, whether governmental or nongovernmental, or any technical development, if it appears to the Com‐
missioner that the privacy of individuals is being, or may be, infringed
(for powers of the Commissioner in relation to inquiries, see section
203):
(j)
to undertake research into, and to monitor developments in, data pro‐
cessing and technology to ensure that any adverse effects of the develop‐
ments on the privacy of individuals are minimised:
(k)
to give advice to any person in relation to any matter that concerns the
need for, or desirability of, action by that person in the interests of the
privacy of individuals:
(l)
when requested to do so by an agency, to conduct an audit of personal
information maintained by that agency for the purpose of ascertaining
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