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Immigration Act 2009

Core provisions and matters in relation to decision making - Automated decision making and biometric information

32: Department to undertake privacy impact assessment

You could also call this:

“Department must assess privacy impacts when collecting biometric data”

The Department must do a privacy check when it collects and uses your biometric information (like fingerprints or photos) under this law. This check helps find out how the law might affect your privacy and how to reduce any bad effects.

The Department needs to talk to the Privacy Commissioner when they plan this check and while they’re doing it. If the law or rules about collecting biometric information change, the Department must look at their privacy check again. If the changes cause new or bigger privacy issues, they need to update their check and talk to the Privacy Commissioner about it.

You can find the latest privacy check on the Department’s website. You can also see it for free at Department offices and at New Zealand government offices in other countries that deal with immigration.

The Department doesn’t have to show parts of the privacy check that can be kept secret under the Official Information Act 1982.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM1440630.

Topics:
Immigration and citizenship > Visas
Immigration and citizenship > Border control
Rights and equality > Privacy
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31: Collection and storage of biometric information, or

“Rules for collecting and storing your physical identity information”

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33: Classified information relating to security or criminal conduct may be relied on in decision making, or

“Secret information about security or crime can be used for immigration decisions”

Part 2 Core provisions and matters in relation to decision making
Automated decision making and biometric information

32Department to undertake privacy impact assessment

  1. The Department must complete a privacy impact assessment in respect of the collection and handling of biometric information under this Act to—

  2. identify the potential effects that the Act may have on personal privacy; and
    1. examine how any detrimental effects on privacy might be lessened.

      1. The Department must consult the Privacy Commissioner—

      2. on the terms of reference developed for the assessment; and
        1. when completing the assessment.

          1. The Department must review its privacy impact assessment if changes are made to this Act, regulations made under it, or operational policy in respect of the collection or handling of biometric information and, if the review establishes that new or increased privacy impacts have resulted from the changes, must—

          2. amend or replace the privacy impact assessment; and
            1. consult the Privacy Commissioner on the amended or replacement assessment.

              1. The Department must ensure the current privacy impact assessment is—

              2. available on the Department's Internet site; and
                1. available or readily obtainable for inspection, free of charge, at—
                  1. offices of the Department; and
                    1. New Zealand government offices overseas that deal with immigration matters.

                    2. Nothing in subsection (4) requires the making available of information that could properly be withheld in accordance with the provisions of the Official Information Act 1982, were a request to be made for the information under that Act.