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PERSONAL INFORMATION PROTECTION (TRANSITIONAL) REGULATIONS 2024

BR 132 / 2024

The Minister for the Cabinet Office, in exercise of the power conferred by section

22 of the Personal Information Protection Amendment Act 2023, makes the following Regulations:

Citation

1 These Regulations may be cited as the Personal Information Protection (Transitional) Regulations 2024.

Interpretation

2 In these Regulations— “PATI” means the Public Access to Information Act 2010; “PATI Regulations” means the Public Access to Information Regulations 2014; “personal information” has the meaning given in section 2 of PIPA (any information about an identified or identifiable individual); “PIPA” means the Personal Information Protection Act 2016; “PIPAA 2023” means the Personal Information Protection Amendment Act 2023; “pre-commencement PATI request” means a request received by a public authority under PATI before 1 January 2025 which relates in whole or in part to personal information, but does not include such a request if it is transferred to another public authority under section 13(5) of PATI and received by that authority on or after 1 January 2025.

PERSONAL INFORMATION PROTECTION (TRANSITIONAL) REGULATIONS

3. Transitional provision

(1) Notwithstanding section 12A(a) of PATI (Act no longer applies to records relating to the personal information of a requester on commencement of PIPA), any pre- commencement PATI request which has not been finally disposed of before 1 January 2025, including any internal review, review by the Information Commissioner, or proceedings relating to such a request, shall be continued under and in accordance with PATI as if the amendments made to PATI and to the PATI Regulations by PIPAA 2023 were not in effect.

(2) Any clarification required in relation to the continued application of PATI to pre-commencement PATI requests may be dealt with by guidance issued by the Information Commissioner after consulting the Privacy Commissioner.

Commencement

4 These Regulations shall come into effect on 1 January 2025.

Made this 23rd day of December 2024

Minister for the Cabinet Office

[Operative Date: 01 January 2025]