Plain language law

New Zealand law explained for everyone

Crimes Act 1961

Crimes against personal privacy

216F: Unlawful disclosure

You could also call this:

“It's against the law to share private information you learn while fixing communication services.”

If you work on fixing communication services, you’re not allowed to share any information you learn while doing your job. This is called an unlawful disclosure. If you do this on purpose without permission, you’re breaking the law.

There’s one exception to this rule. You can tell a police officer about information you’ve learned if you think it’s about a crime that has seriously hurt someone or could seriously hurt someone.

If you make an unlawful disclosure, you could go to prison for up to 2 years.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM329848.

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

216E: Forfeiture, or

“Taking away and giving to the government special listening tools used for secretly hearing private conversations”

Next

216G: Intimate visual recording defined, or

“An intimate visual recording is a secret picture or video of someone in a private situation or showing private body parts.”

Part 9A Crimes against personal privacy

216FUnlawful disclosure

  1. An unlawful disclosure is the intentional and unauthorised disclosure of any information gained when undertaking maintenance of a communication service.

  2. Despite anything in subsection (1), a person may disclose information to any constable if the information appears to relate to the commission of an offence that has caused or could cause serious harm to any person.

  3. Every person who makes an unlawful disclosure is liable to imprisonment for a term not exceeding 2 years.

Notes
  • Section 216F: inserted, on , by section 14 of the Crimes Amendment Act 2003 (2003 No 39).
  • Section 216F(1): replaced, on , by section 325(7) of the Search and Surveillance Act 2012 (2012 No 24).
  • Section 216F(2): amended, on , by section 7 of the Crimes Amendment Act 2013 (2013 No 27).
  • Section 216F(2): amended, on , by section 325(8) of the Search and Surveillance Act 2012 (2012 No 24).
  • Section 216F(2): amended, on , pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).