Version as at
6 December 2023
Privacy Act 2020
Part 3 s 33
for the purpose of producing or verifying information about an identifia‐
ble individual:
(b)
in relation to charging under section 66,—
(i)
set guidelines to be followed by agencies in determining charges:
(ii)
prescribe circumstances in which no charge may be imposed:
(c)
prescribe procedures for dealing with complaints alleging a breach of the
code, without limiting or restricting any provision of Part 5:
(d)
provide for the review of the code by the Commissioner:
(e)
provide for the expiry of the code.
(5)
A code of practice may not limit or restrict the entitlements under IPP 6 or 7.
(6)
Despite the definition of the term individual in section 7(1),—
(7)
(a)
a sector-specific code of practice may be issued that applies 1 or more of
the IPPs to information about deceased persons (whether or not the code
also applies 1 or more of the IPPs to other information); and
(b)
the code of practice has effect under section 38 as if those IPPs so
applied, and the provisions of this Act apply accordingly.
See section 36 for the status under the Legislation Act 2019 of codes of prac‐
tice under this section.
Compare: 1993 No 28 s 46
Section 32(7): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021
(2021 No 7).
33
Issue of code of practice
(1)
The Commissioner may issue a code of practice on—
(2)
(3)
(a)
the Commissioner’s own initiative; or
(b)
the application of any person.
An application may be made under subsection (1)(b) only—
(a)
by a body that represents the interests of any class or classes of agency,
industry, profession, or calling (a group); and
(b)
if the code of practice sought by the applicant is intended to apply to that
group, or any activity of the group.
Before issuing a code of practice, the Commissioner must—
(a)
give public notice of the Commissioner’s intention to issue the code and
include a statement that—
(i)
the details of the proposed code, including a draft of the proposed
code, may be obtained from the Commissioner; and
(ii)
submissions on the proposed code may be made in writing to the
Commissioner within the period specified in the notice; and
37