PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 29 Public interest determination

PRIVACY AND DATA PROTECTION ACT 2014 (NO. 60 OF 2014) - SECT 29

    (1)     An organisation may apply to the Commissioner, in writing, for a determination that—

        (a)     an act or a practice of an organisation contravenes or may contravene a specified Information Privacy Principle (other than IPP 4 or 6) or an approved code of practice; and

        (b)     the public interest in the organisation doing the act or engaging in the practice substantially outweighs the public interest in complying with that Information Privacy Principle or approved code of practice.

    (2)     The application for a public interest determination must specify—

        (a)     the act or practice to which the determination would apply; and

        (b)     the relevant Information Privacy Principle or approved code of practice; and

        (c)     the reasons for the organisation seeking the determination.

    (3)     A public interest determination must not be made in respect of IPP 4 or 6.

    (4)     On receipt of the application, the Commissioner must publish, as the Commissioner thinks fit, a notice—

        (a)     stating that the application has been received; and

        (b)     inviting persons whose interests would be affected by the determination to make submissions in relation to the application; and

        (c)     stating a time period for making submissions in relation to the application.

    (5)     The Commissioner must prepare a draft determination and send a copy to the applicant and each person who has made a submission under subsection (4).

    (6)     The Commissioner may invite the applicant and any person who has made a submission under subsection (4) to attend a conference about the draft determination.