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Financial Markets Authority Act 2011

General information-gathering and enforcement powers - Miscellaneous provisions relating to powers - Confidentiality

60: Conditions relating to publication or disclosure of information or documents

You could also call this:

“Rules for sharing information: How the FMA protects privacy when giving out details”

The Financial Markets Authority (FMA) can set rules when they share information or documents with certain people. These rules are about how the information can be published, shared, or used.

When deciding on these rules, the FMA thinks about how to protect people’s privacy.

The FMA might make rules about:

  • Keeping the information secret, especially if it’s personal information
  • How to store the information and who can use it
  • How to copy, return, or get rid of any documents

If you don’t follow these rules and don’t have a good reason why, you’re breaking the law. You could be fined up to $200,000.

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This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3565226.

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Part 3 General information-gathering and enforcement powers
Miscellaneous provisions relating to powers: Confidentiality

60Conditions relating to publication or disclosure of information or documents

  1. The FMA may, by written notice to a person to whom any information or document is published or disclosed under section 59(3)(c), (f), or (g), impose any conditions in relation to the publication, disclosure, or use of the information or document by the person.

  2. The FMA must, in considering what conditions to impose, have regard to whether conditions are necessary or desirable in order to protect the privacy of any individual.

  3. Conditions imposed under subsection (1) may include, without limitation, conditions relating to—

  4. maintaining the confidentiality of anything provided (in particular, information that is personal information within the meaning of the Privacy Act 2020):
    1. the storing of, the use of, or access to anything provided:
      1. the copying, returning, or disposing of copies of documents provided.

        1. A person who refuses or fails, without reasonable excuse, to comply with any conditions commits an offence and is liable on conviction to a fine not exceeding $200,000.

        Notes
        • Section 60(3)(a): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
        • Section 60(4): amended, on , by section 413 of the Criminal Procedure Act 2011 (2011 No 81).