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Criminal Investigations (Bodily Samples) Act 1995

DNA profile databank - DNA profile databank

27: Access to and disclosure of information on DNA profile databank

You could also call this:

"Who can see DNA information and why"

Illustration for Criminal Investigations (Bodily Samples) Act 1995

You can't see information on a DNA profile databank unless it's for a specific reason. You might be able to see it for a criminal investigation by the Police. You might also see it if the information is about you, as per the Privacy Act 2020. You can see the information if it's needed to run the DNA profile databank. You can also see it if another country asks for help with a crime, and the Attorney-General says it's okay. This only happens if the crime is serious enough to be punished with more than a year in prison. If the information doesn't say who someone is, these rules don't apply. The Privacy Act 2020 still applies, and the Privacy Commissioner can investigate complaints. You can see the information if it's needed for a court case or to investigate a crime. This includes if the Police need to get a special order to make someone give a DNA sample. You can also see it if someone is being prosecuted for a crime related to DNA samples.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM369249.

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26B: Certain young persons may apply for removal of DNA profiles from DNA profile databank, or

"Young people can ask to remove their DNA details from a database."

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28: Access to and use of bodily samples held for DNA profile databank purposes, or

"Rules for using bodily samples to get a DNA profile"

Part 3DNA profile databank
DNA profile databank

27Access to and disclosure of information on DNA profile databank

  1. Subject to subsections (2) to (4), no person may have access to any information stored on a DNA profile databank, and no person shall disclose any such information, except for 1 or more of the following purposes:

  2. for the purpose of forensic comparison in the course of a criminal investigation by the Police:
    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 DNA profile databank:
        1. for the purpose of responding to a request under the Mutual Assistance in Criminal Matters Act 1992 if—
          1. access to the information requested is authorised by the Attorney-General; and
            1. the request relates to an offence that corresponds to an offence in New Zealand that is punishable by a term of imprisonment of more than 1 year.

            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 27(1)(b): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                  • Section 27(1)(d): inserted, on , by section 4 of the Criminal Investigations (Bodily Samples) Amendment Act 2015 (2015 No 98).
                  • Section 27(3): replaced, on , by section 217 of the Privacy Act 2020 (2020 No 31).
                  • Section 27(4)(ab): inserted, on , by section 20 of the Criminal Investigations (Bodily Samples) Amendment Act 2003 (2003 No 113).