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Social Security Act 2018

Administration - Reciprocity agreements with other countries - Orders

381: Privacy report for orders adopting agreements with mutual assistance provisions

You could also call this:

"Report to check if social security agreements with other countries protect your private information"

When a country and New Zealand make an agreement to help each other with social security, they must follow some rules. The agreement must say how the countries will work together to recover debts or share information. You need to know that this agreement must not just be about getting back money that was paid by mistake.

Before the government can make an order about this agreement, the Privacy Commissioner must write a report. The report must say if the agreement follows the privacy rules in the Privacy Act 2020, especially section 22 and Schedule 6. The report must be given to the Minister and the Minister of Justice.

The Privacy Commissioner's report must look at some important things, like whether the agreement is really necessary and if it will save money or help society. It must also check if the agreement will protect people's private information and if it follows the rules about sharing information. If the agreement is about sharing information with another country, the report must check if that country protects people's private information well.

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380: Orders adopting reciprocity agreements, or

"Rules for making social security agreements with other countries"

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Part 6Administration
Reciprocity agreements with other countries: Orders

381Privacy report for orders adopting agreements with mutual assistance provisions

  1. This section applies to a reciprocity agreement, or an alteration to a reciprocity agreement, that contains a mutual assistance provision—

  2. for the Governments of New Zealand and the other country to—
    1. provide each other with assistance in the recovery of social security debts; or
      1. supply each other with information for social security purposes; and
      2. that does not relate solely to the recovery of moneys paid under the agreement in excess of that to which the recipient was entitled under that agreement.

        1. No order may be made under section 380 in respect of the agreement or alteration unless the Privacy Commissioner has first presented to the Minister and to the Minister of Justice a report on the following matters:

        2. whether the mutual assistance provision complies with the information privacy principles set out in section 22 of the Privacy Act 2020, having regard to—
          1. whether the objective of the provision relates to a matter of significant public importance:
            1. whether the use of the provision to achieve that objective will result in significant and quantifiable monetary savings, or in other comparable benefits to society:
              1. whether the use of an alternative means of achieving that objective would give either of the results referred to in paragraph (ii):
                1. whether the public interest in allowing the provision to proceed outweighs the public interest in adhering to the information privacy principles that the provision would otherwise contravene:
                  1. whether the provision involves information matching on a scale that is excessive, having regard to—
                    1. the number of agencies that will be involved; and
                      1. the amount of detail about an individual that will be matched under the provision:
                      2. whether the provision will comply with the information matching rules in Schedule 6 of the Privacy Act 2020:
                      3. if the mutual assistance provision is one for the Governments of New Zealand and the other country to supply each other with information for social security purposes, the adequacy of the privacy protection given in the other country to information about any individual that may be supplied by New Zealand under the provision.

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                        Notes
                        • Section 381(2)(a): replaced, on , by section 217 of the Privacy Act 2020 (2020 No 31).