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Criminal Investigations (Bodily Samples) Act 1995

Taking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

24R: Access to and disclosure of information on Part 2B temporary databank

You could also call this:

"Rules for accessing and sharing information from a crime database"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can't access or share information on a Part 2B temporary databank unless it's for a specific reason. You can use the information to compare with DNA from crime scenes to help the Police investigate a crime. You can also share the information with the person it's about, as long as you follow the rules in the Privacy Act 2020. You can use the information to manage the Part 2B temporary databank. DNA information is considered unidentified if the Police don't know who it belongs to. This rule doesn't apply to information that doesn't identify anyone. The Privacy Act 2020 still applies, and the Privacy Commissioner can investigate complaints. You can access or share information for certain purposes, like applying for a compulsion order or prosecuting a crime. This includes investigating a crime, issuing a databank compulsion notice, or making a Part 3 order.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3219809.

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Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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24Q: Removal of DNA profiles from Part 2B temporary databank, or

"When to remove DNA profiles from a temporary database"

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24S: Access to and use of bodily samples taken under this Part, or

"Using bodily samples for DNA profiles"

Part 2BTaking bodily sample from person arrested or intended to be charged with imprisonable offence or offence listed in Part 3 of Schedule 1

24RAccess to and disclosure of information on Part 2B temporary databank

  1. Subject to subsections (2) to (5), no person may have access to any information stored on a Part 2B temporary databank, and no person may disclose any of that information, except for 1 or more of the following purposes:

  2. to compare with unidentified DNA information obtained from the scenes of offences under investigation or otherwise in respect of which a conviction or further conviction is yet to be obtained, for the purpose of a criminal investigation by the Police into the triggering offence or any other offence:
    1. for the purpose of making the information available, in accordance with the Privacy Act 2020, to the person to whom the information relates:
      1. for the purpose of administering the Part 2B temporary databank.

        1. For the purposes of subsection (1)(a), DNA information is unidentified if no Police investigation has established the particular person to whom the DNA information relates.

        2. Nothing in this section applies in relation to information that does not identify any person.

        3. Nothing in this section limits the jurisdiction of the Privacy Commissioner under the Privacy Act 2020 to investigate any complaint made under Part 5 of that Act.

        4. Nothing in this section prohibits access to, or the disclosure of, any information for the purposes of—

        5. any application for a compulsion order; or
          1. the issuing of a databank compulsion notice or the making of a Part 3 order; or
            1. the prosecution of an offence against section 77(2).

              Notes
              • Section 24R: inserted, on , by section 7 of the Criminal Investigations (Bodily Samples) Amendment Act 2009 (2009 No 46).
              • Section 24R(1)(b): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
              • Section 24R(4): replaced, on , by section 217 of the Privacy Act 2020 (2020 No 31).