Part 6Administrative provisions
Disclosure of personal information
142IDisclosure of personal information in New Zealand
This section applies to personal information—
- provided to the Director-General under this Act; or
- disclosed to the Director-General by a border sector agency; or
- held by the Director-General after coming to the Director-General from another source.
The Director-General may disclose the personal information to an intelligence and security agency only if the Director-General believes, on reasonable grounds, that the disclosure of the information is necessary to enable the agency to perform any of its functions under section 10, 11, 13, or 14 of the Intelligence and Security Act 2017.
The Director-General may disclose the personal information to other agencies in New Zealand to facilitate the carrying out by the agencies of—
- the prevention, detection, investigation, prosecution, and punishment of offences:
- the enforcement of a law imposing a pecuniary penalty:
- the protection of the life, health, or safety of a person or group of persons:
- the protection of the environment:
- the protection of public revenue:
- the maintenance of border security:
- the achievement of the purposes of this Act.
If the disclosure is to be made to a private sector agency, it must be made under an arrangement made between the Director-General and the agency to which subsection (4) applies.
The arrangement—
- must be in writing; and
- must state criteria for the disclosure of information under it; and
- must state the use that the private sector agency may make of the information; and
- must—
- prohibit the agency from disclosing the information to any other agency; or
- specify the other agencies to whom the agency may disclose the information, the extent to which the agency may disclose the information, and conditions subject to which the agency may disclose the information; and
- prohibit the agency from disclosing the information to any other agency; or
- may state—
- the form in which the information may be disclosed:
- the method by which the information may be disclosed; and
- the form in which the information may be disclosed:
- may be varied.
This section does not apply to information in the biosecurity database.
In this section, intelligence and security agency means—
- the New Zealand Security Intelligence Service:
- the Government Communications Security Bureau.
Notes
- Section 142I: inserted, on , by section 59 of the Biosecurity Law Reform Act 2012 (2012 No 73).
- Section 142I(1A): inserted, on , by section 244(1) of the Intelligence and Security Act 2017 (2017 No 10).
- Section 142I(2): amended, on , by section 244(2) of the Intelligence and Security Act 2017 (2017 No 10).
- Section 142I(6): inserted, on , by section 244(3) of the Intelligence and Security Act 2017 (2017 No 10).