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Intelligence and Security Act 2017

Accessing information held by other agencies - Direct access to database information

126: Matters to which Ministers must have regard before entering into direct access agreement

You could also call this:

"Ministers must consider important things before letting agencies access private information directly"

Illustration for Intelligence and Security Act 2017

Before you enter into a direct access agreement, the Ministers must think about a few things. They must be sure that getting the information directly is necessary for the intelligence and security agency to do its job. They must also be sure that there are good safeguards to protect people's privacy, including rules for how the information is used, shared, and stored. The Ministers must check that the agreement has good procedures for handling the information, as mentioned in the section 125(2) rules.

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125: Direct access to certain information, or

"Some spy agencies can directly access certain information from other agencies if they have a special agreement."

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127: Consultation with Privacy Commissioner before entering into direct access agreement, or

"Ministers must talk to the Privacy Commissioner before making a deal about sharing personal info."

Part 5Accessing information held by other agencies
Direct access to database information

126Matters to which Ministers must have regard before entering into direct access agreement

  1. Before entering into a direct access agreement, the Ministers referred to in section 125(2) must be satisfied that—

  2. direct access to the information is necessary to enable the intelligence and security agency to perform any of its functions; and
    1. there are adequate safeguards to protect the privacy of individuals, including that the proposed compliance and audit requirements for the direct access, use, disclosure, and retention of the information are sufficient; and
      1. the agreement will include appropriate procedures for direct access, use, disclosure, and retention of the information.