(1) An act or practice that contravenes:
(a) section 11 in relation to personal information about an individual; or
(b) section 16 or 17 in relation to a student identifier of an individual;
is taken, for the purposes of the Privacy Act 1988 , to be an interference with the privacy of the individual (within the meaning of that Act).
Note: An act or practice that is an interference with the privacy of the individual may be the subject of an investigation by the Information Commissioner under Part V of that Act.
(2) If:
(a) an act or practice of an entity that contravenes section 11, 16 or 17 is the subject of a complaint to, or an investigation by, the Information Commissioner under Part V of the Privacy Act 1988 ; and
(b) the entity is not an agency (within the meaning of that Act) or organisation (within the meaning of that Act);
the entity is taken, for the purposes of that Part and any other provision of that Act that relates to that Part, to be an organisation (within the meaning of that Act).