Part 6Administrative provisions
Disclosure of personal information
142JDisclosure of personal information outside 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 information to agencies overseas 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.
The disclosure must be made under an arrangement made between the Director-General and the agency overseas to which subsections (4) to (6) apply.
The Director-General may make an arrangement only if satisfied that it is justified to help prevent, identify, or respond to—
- contraventions of New Zealand law; or
- contraventions of the overseas country's law; or
- actions that it is the function of the agency to which the information is disclosed to prevent, identify, or respond to.
An arrangement—
- must be in writing; and
- must state criteria for the disclosure of information under it; and
- must state the use that the agency to whom the information is disclosed 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.
The Director-General—
- must consult the Privacy Commissioner before entering into an arrangement, or varying an arrangement, involving the disclosure of personal information; and
- must, if the Privacy Commissioner requires the Director-General to undertake a review of the arrangement and the arrangements for disclosure under it and it is at least 12 months since the last review,—
- undertake the review; and
- report the result to the Privacy Commissioner as soon as practicable after concluding the review.
- undertake the review; and
This section does not apply to information in the biosecurity database.
Notes
- Section 142J: inserted, on , by section 59 of the Biosecurity Law Reform Act 2012 (2012 No 73).