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Biosecurity Act 1993

Administrative provisions - Disclosure of personal information

142K: Disclosure of personal information outside New Zealand: urgent action required

You could also call this:

"Sharing your personal info overseas in an emergency"

The Director-General can share your personal information with someone overseas if something urgent happens. You need to know that this can only happen if two things are true: something urgent is happening and the rules in this section are followed. The person overseas must be helping with things like investigating crimes or making trade between New Zealand and their country easier.

The Director-General must make sure the information is shared with conditions, like what the overseas person can do with the information. This includes saying whether the overseas person can share the information with someone else. If they can share it, the conditions must say who they can share it with and how much they can share.

The Director-General must keep a record of what information was shared, who it was shared with, and any conditions. You can find more information about this in the Biosecurity Law Reform Act 2012. The Director-General must show these records to the Privacy Commissioner if they ask to see them.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM4759417.

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142J: Disclosure of personal information outside New Zealand, or

"When your personal info can be shared with countries outside New Zealand"

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142L: Definitions for sections 142M to 142S, or

"What special words mean in sections 142M to 142S of the Biosecurity Act"

Part 6Administrative provisions
Disclosure of personal information

142KDisclosure of personal information outside New Zealand: urgent action required

  1. The Director-General may disclose personal information to a person overseas if—

  2. a situation arises requiring urgent action; and
    1. the requirements of this section are satisfied.

      1. The first requirement is that the powers, functions, or duties of the overseas person include—

      2. helping to investigate, prevent, identify, or respond to non-compliance with the law in New Zealand or in the overseas country; or
        1. responding to difficulties arising in the course of trade between New Zealand and the overseas country.

          1. The second requirement is that the information is disclosed subject to conditions that—

          2. state the use that the overseas person may make of the information disclosed; and
            1. state whether or not the overseas person may disclose the information disclosed to any other person; and
              1. if the overseas person may disclose any of the information disclosed to any other person, state—
                1. the persons to whom the overseas person may disclose it; and
                  1. the extent to which the overseas person may disclose it; and
                    1. the conditions subject to which the overseas person may disclose it.

                    2. The third requirement is that the Director-General makes and keeps a record of—

                    3. the information that was disclosed; and
                      1. the person to whom it was disclosed; and
                        1. any conditions subject to which it was disclosed.

                          1. The Director-General must make the records kept under subsection (4) available to the Privacy Commissioner if the Privacy Commissioner asks to see them.

                          2. This section does not apply to information in the biosecurity database.

                          Notes
                          • Section 142K: inserted, on , by section 59 of the Biosecurity Law Reform Act 2012 (2012 No 73).