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Intelligence and Security Act 2017

Accessing information held by other agencies - Access to restricted information

139: Further criteria for permitting access to restricted information

You could also call this:

"More rules for accessing secret information"

Illustration for Intelligence and Security Act 2017

When you want to access restricted information, there are more criteria to consider. You can access the information if it is necessary for an intelligence and security agency to do its job as stated in section 10 or section 11. The agency must also make sure that accessing the information does not invade someone's privacy more than necessary.

You can also access the information if it cannot be obtained in any other way. The agency must consider whether getting the information would affect someone's privacy in a way that is fair for the reason they need it. This is all part of deciding whether you can access restricted information, as mentioned in sections 137 and 138.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921162.

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138: Permission to access restricted information granted on application made under section 136(2)(b), or

"Getting permission to see secret information to help keep New Zealand safe"

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140: Permission must specify restricted information that may be accessed, or

"Permission must say what secret info can be looked at"

Part 5Accessing information held by other agencies
Access to restricted information

139Further criteria for permitting access to restricted information

  1. The further criteria for permitting access to restricted information referred to in sections 137 and 138 are that—

  2. access to the restricted information is necessary for the purpose of enabling the intelligence and security agency to perform a function under section 10 or 11; and
    1. the privacy impact of permitting access is proportionate to that purpose; and
      1. the restricted information cannot be accessed by any other means.