Power of information commissioner to require information or attendance
197 Power of information commissioner to require information or attendance
This section applies if the information commissioner is satisfied on reasonable grounds that a person has information relevant to—
a review into personal information handling practices under section 135(1)(a)(i); or
an investigation of an act done or practice engaged in by a relevant entity in relation to personal information under section 135(1)(a)(ii); or
an audit under section 135(1)(b)(iii); or
a decision of the commissioner whether to give an agency a compliance notice under
chapter 4; or
preliminary inquiries the commissioner is making of the respondent for a privacy complaint under section 167; or
the mediation of a privacy complaint under chapter 5.
The commissioner may give the person a written notice requiring the person to give the information to the commissioner in written form.
The written notice given by the commissioner must state—
where the information must be given to the commissioner; and
a reasonable time at which, or a reasonable period within which, the information must be given.
The commissioner may also give the person a written notice requiring the person to attend before the commissioner at a reasonable time and place stated in the notice to answer questions relevant to the matter mentioned in subsection (1).
The commissioner may administer an oath or affirmation to a person required under subsection (4) to attend before the commissioner and may examine the person on oath or affirmation.
The oath or affirmation is an oath or affirmation that the answers the person will give will be true.
This Act’s bill:Explanatory memorandumSecond reading speech
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