9 January 2024
Scott
[FYI request #25122 email] Kia ora Scott
Your Official Information Act request, reference: GOV-029486
Thank you for your email of 10 December 2023, asking for the following information under the Official
Information Act 1982 (the Act):
I am requesting information related to the delegated authority to make a decision that ACC
breached the Privacy Act 2020.
Whom within ACC hold the authority to admit ACC failed to comply with s.44(1) of the Privacy Act
2020 in breach of Prinicpal 6 the Right to Access. (to clarify, i only seek the particular units and roles
these people hold, I have no interest in the private person holding those positions)
Decisions on whether a privacy breach occurred
There is no one team or role within ACC that holds the sole authority to make a decision on whether a
privacy breach has occurred. Rather, any ACC staff member can technically identify and acknowledge when
there has been a breach.
However, when a privacy-related incident occurs, it is ACC’s policy that staff notify the ACC Privacy Team of
the incident and seek advice. This advice can include confirming whether the incident is a privacy breach or
not, the categorisation of the incident, its severity, any potential harm, how it ought to be addressed, and
the next steps to take.
Within the Privacy Team, Privacy Officers are also responsible for ensuring that ACC complies with the
Privacy Act 2020, dealing with requests for access to, or correction of, personal information, and working
with the Office of the Privacy Commissioner during the investigation of complaints and breaches. For
further information about the Privacy Commissioner’s legal authority and responsibilities, please refer to:
https://privacy.org.nz/about-us/what-we-do/. As this information may be of interest to other members of the public
ACC may decide to proactively release a copy of this response on ACC’s website. All requester data,
including your name and contact details, will be removed prior to release. The released response will be
made availabl
e www.acc.co.nz/resources/#/category/12. If you have any questions about this response, please get in touch
You can email me at
[email address]. Ngā mihi
Sara Freitag
Manager Official Information Act Services
Government Engagement
GOV-029486 Page 1 of 1
Document Outline
