Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes affecting the administration of law and justice - Bribery and corruption

105B: Use or disclosure of personal information disclosed in breach of section 105A

You could also call this:

“It's against the law to use secret information about people that someone else got illegally to make money or gain an advantage.”

If you get personal information because someone broke the law by sharing it with you, and you know it was shared illegally, you can get in big trouble if you use that information to help yourself or someone else. You could go to jail for up to 7 years if you use or share this information to get something good for yourself or another person, like money or an advantage.

But don’t worry, if you’re allowed by law to use or share the information, you won’t get in trouble. This is called a defence, and it means you can explain why you used the information if you’re charged with this crime.

When we talk about personal information in this law, we mean any details about a person that can be used to identify them. This includes information about people who have died.

If you want to learn more about how someone might illegally share personal information with you, you can check out section 105A.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM328758.

Topics:
Crime and justice > Criminal law
Rights and equality > Privacy
Previous

105A: Corrupt use of official information, or

“Officials can get in big trouble for using secret work information to help themselves or others”

Next

105C: Bribery of foreign public official, or

“It's against the law to give money or gifts to officials from other countries to get business deals or special treatment.”

Part 6 Crimes affecting the administration of law and justice
Bribery and corruption

105BUse or disclosure of personal information disclosed in breach of section 105A

  1. Every person is liable to imprisonment for a term not exceeding 7 years who,—

  2. having received personal information (being information that comes into that person's possession as a result of the commission of an offence against section 105A); and
    1. knowing that the information has been disclosed in contravention of that section,—
        1. uses or discloses that information to obtain, directly or indirectly, an advantage or pecuniary gain for that person or any other person.

      1. It is a defence to a charge under this section if the person charged proves that the person was legally authorised to use or disclose the information.

      2. In this section, the term personal information means any information about an identifiable natural person, including a deceased natural person.

      Notes
      • Section 105B: inserted, on , by section 3(1) of the Crimes Amendment Act 1993 (1993 No 33).