Dear Privacy Commissioner,

I co-author a professional publication on the Privacy Act 2020 and am involved in teaching a post-graduate university course on privacy law and make these requests in that context.

The first two parts of the request update a request you replied to on 30 May 2024 (your ref: OIA/0361) and the third part updates a request you replied to on 2 July 2024 (your ref: OIA/0371).

1 Exercise of 'new' enforcement powers

This part of the request is focused upon the numbers of times the enforcement powers introduced by the 2020 Act have been exercised.

(a) Since 1 June 2024, how many times has the Commissioner issued an access direction under s 93.

(b) Since 1 June 2024, how many times has the Commissioner issued a compliance notice under s 123.

(c) Did the draft compliance notices issued in October 2023 and February 2024 result in issue of compliance notices? Have further draft compliance notices been issued that are not included in (b) above.

2 Exercise of other powers

I would like confirmation of whether other enforcement powers have been exercised. As I expect the answer in each case is likely to be negative all I ask is whether the provisions have been exercised. If the powers have been exercised, I may seek further information. Have any of the following powers been exercised since 1 June 2024?
(a) Grant of authorisation under s 30.
(b) Grant of authorisation under s 67.
(c) Report breach of duty or misconduct under s 96.
(d) Commencement of a prosecution, or referral to police, in relation to any offence under the Act.
(e) Commencement of proceedings under s 130.
(f) Issue of a transfer prohibition notice under s 193

3 Referral to the Director of Human Rights Proceedings

Please advise how many referrals were made to the Director of Human Rights Proceedings in 2024/25 and 2025/26 (to date).

B Stewart

Yours faithfully,

B Stewart