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Immigration Act 2009

Compliance and information - Disclosure of information to or by other agencies, bodies, or persons

303C: Requirements for agreements entered into under section 303, 303A, or 303B

You could also call this:

“Rules for information sharing agreements between the Department and other agencies”

When the Department makes an agreement to share information with another agency under sections 303, 303A, or 303B, there are certain rules they must follow.

You need to know that before making the agreement, the Department’s chief executive must talk to the Privacy Commissioner. The agreement must be in writing and made between the top bosses of both agencies.

The agreement needs to say when the Department can share information and how the other agency can use it. It also has to be clear about whether the other agency can share the information further. If they can, the agreement must say who they can share it with and what rules they need to follow.

The agreement might say how the information should be shared, like what format to use or how to send it. It can be changed, but only after talking to the Privacy Commissioner again.

If the Privacy Commissioner asks, the agreement must say that the other agency’s boss will check how it’s working and write reports about it at least once a year.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7454265.

Topics:

Immigration and citizenship > Visas

Immigration and citizenship > Border control

Government and voting > Government departments

Rights and equality > Privacy

303B: Direct access to information for purposes of law enforcement, counter-terrorism, and security, or

“Immigration can share traveller information with certain agencies for safety and security reasons”

304: Disclosure of information to employers, or

“Immigration can tell employers if someone can legally work for them”

Part 8 Compliance and information
Disclosure of information to or by other agencies, bodies, or persons

303CRequirements for agreements entered into under section 303, 303A, or 303B

This section applies to an agreement entered into under section 303, 303A, or 303B.
An agreement—
Making
must not be made until the chief executive of the Department has consulted the Privacy Commissioner:
must be made between the chief executive of the Department and the chief executive of the specified agency:
must be in writing:

must state the criteria for the disclosure under it of information by the Department to the specified agency:
must state the use that the specified agency may make of the information disclosed to it:
must—
1. state that the specified agency must not disclose the information disclosed to it to any other agencies, bodies, or persons; or
2. state the other agencies, bodies, or persons to which the specified agency may disclose information disclosed to it, the extent to which the specified agency may disclose the information, and the conditions subject to which the specified agency may disclose the information:
may state the form in which the information may be disclosed:
may state the method by which the information may be disclosed:

Varying

may be varied:
must not be varied until the chief executive of the Department has consulted the Privacy Commissioner:

Reviews and reports

must, if the Privacy Commissioner requires, provide that the agreement, and the arrangements for disclosure under it, be the subject of reviews and reports to the Privacy Commissioner by the chief executive of the specified agency at intervals of no less than 12 months.

Notes

Section 303C: inserted, on 28 September 2017, by section 276 of the Intelligence and Security Act 2017 (2017 No 10).