Complaints "declined" outside Privacy Act s. 71
Miss W. Forest made this Official Information request to Privacy Commissioner
The request was refused by Privacy Commissioner.
From: Miss W. Forest
Dear Privacy Commissioner,
Regarding this response:
https://fyi.org.nz/request/7554-take-no-...
Section 71 of Privacy Act 1993 (act) as you have highlighted provides the commissioner very limited vehicle to take "no action" on complaints.
Other than this,
The commissioner seems to have decided to "decline" to investigate the received complaints outside any explicit statutory provisions where a normal person could think this should have been covered by the "no action" statutes under the act s.71.
Please provide additional figures regarding:
From the comparable period 1 July 2016 and 30 June 2017 as provided earlier by the commissioner,
How many complaints have you "declined" to investigate on the basis that in your opinion the complaint did not:
a) Disclose a possibility of an interference with complainers privacy
b) Meet the criteria for acceptance as a complaint or
c) the definition of a complaint, to the extent that sections 67 and 69 provide one.
Also how many complaints have you declined due:
d) The complainant refused to expose their personal information to the agency believing the agency was violating the privacy laws of New Zealand ..
e) .. that could have been checked by the commissioner as part of their function on educating the public on law
f) .. while the explanation was provided on your reason field why the complainant did not contact the agency first
g) Any other reason you have declined to investigate.
If you have the above numbers separately or some other grouping mechanism that would be appreciated.
If not do please feel free to combine appropriately how ever your system has information that can be extracted to establish how many of the complaints fall in as declined.
Yours faithfully,
Miss W. Forest
From: Privacy No Reply
Privacy Commissioner
Thank you for your email. We are assessing your enquiry, and will contact
you within three working days.
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to [1][Privacy Commissioner request email]
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assist you.
Kind regards,
Enquiries Team
Office of the Privacy Commissioner Te Mana Matapono Matatapu
PO Box 10094, The Terrace, Wellington 6143
T 0800 803 909
E [4][Privacy Commissioner request email]
privacy.org.nz
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From: Sharyn Leonard
Privacy Commissioner
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2018 05 28 OPC response to official information request.pdf
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Good afternoon Miss Forest
Please find attached the Office of the Privacy Commissioner’s response to
your official information request.
Regards
Sharyn
Sharyn Leonard
Secretary, Communications and Litigation
Office of the Privacy Commissioner Te Mana Matapono Matatapu
PO Box 10094, The Terrace, Wellington 6143
Level 8, 109 Featherston Street, Wellington, New Zealand
E [1][email address]
privacy.org.nz
[2]25 years logo 30mm x 30mm_Over 25mm_GREYSCALE
Privacy is about protecting personal information, yours and others. To
find out how, and to stay informed, [3]subscribe to our newsletter
or follow us online. [4]Description: Description: Description: Small
facebook icon [5]Description: twitter-bird-blue-on-whiteHave a privacy
question? [6]AskUs
Caution: If you have received this message in error please notify the
sender immediately and delete this message along with any attachments.
Please treat the contents of this message as private and confidential.
Thank you.
References
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3. http://privacy.org.nz/subscribe/
4. http://www.facebook.com/PrivacyNZ
5. https://twitter.com/NZPrivacy
6. http://www.privacy.org.nz/ask
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