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Intelligence and Security Act 2017

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

129: Content of direct access agreements

You could also call this:

"What's in an agreement to share secret information?"

Illustration for Intelligence and Security Act 2017

When you look at a direct access agreement, it must say what database or databases can be accessed. It must also say what particular information can be accessed and why it is needed. The agreement must explain how the information will be accessed and who can access it.

The agreement must also talk about keeping records of when a database is accessed. It needs to say how the information will be protected, especially if it is personal or sensitive. You will also see details about how the information will be stored, kept, and eventually disposed of.

The agreement may say if the information can be shared with another agency, and if so, how that can happen. It must also say how the costs of accessing the information will be shared between the agencies involved.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921150.

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128: Consultation with Inspector-General before entering into direct access agreement, or

"Ministers must talk to the Inspector-General before making a direct access agreement."

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130: Variation of direct access agreement, or

"Changing a direct access agreement: what you need to do"

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

129Content of direct access agreements

  1. An agreement must specify—

  2. the database or databases that may be accessed:
    1. the particular information that may be accessed:
      1. the particular purpose or purposes for which the information may be accessed:
        1. the particular function, duty, or power being, or to be, performed or exercised by the intelligence and security agency for which the information is required:
          1. the mechanism by which the information is to be accessed:
            1. the position held by the person or persons in the intelligence and security agency who may access the information:
              1. the records to be kept in relation to each occasion on which a database is accessed:
                1. the safeguards that are to be applied for protecting particular information (for example, personal information or information that is commercially sensitive):
                  1. the requirements relating to storage, retention, and disposal of information obtained from the database or databases:
                    1. the circumstances (if any) in which the information may be disclosed to another agency (whether in New Zealand or overseas), and how that disclosure may be made:
                      1. the apportionment of the costs incurred by the holder agency and the intelligence and security agency under the agreement.