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Intelligence and Security Act 2017

Miscellaneous provisions - Confidentiality

219: Duty of confidentiality

You could also call this:

"Keep secret information secret, or you could get in trouble"

Illustration for Intelligence and Security Act 2017

If you work with secret information, you must keep it confidential. This means you must not tell anyone about it, unless you are allowed to by a Minister. You must also not write it down or use it, except for doing your job under the Intelligence and Security Act 2017. If you break this rule, you can get in trouble and even go to prison for up to 2 years or pay a fine of up to $10,000. The Attorney-General must agree before you can be prosecuted for breaking this rule. You are also considered an official for the purposes of sections 105 and 105A of the Crimes Act 1961.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921244.

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Part 7Miscellaneous provisions
Confidentiality

219Duty of confidentiality

  1. This section applies to any person who is, or has at any time been,—

  2. appointed as—
    1. Inspector-General:
      1. Deputy Inspector-General:
        1. Director-General of Security:
          1. Director-General of the Government Communications Security Bureau:
            1. a member of the advisory panel:
              1. a person assisting the Inspector-General:
                1. a reviewer:
                2. employed or engaged by—
                  1. the Inspector-General:
                    1. the Director-General of Security:
                      1. the Director-General of the Government Communications Security Bureau.

                      2. Unless otherwise authorised by a Minister responsible for an intelligence and security agency, a person—

                      3. must keep confidential all information that comes to his or her knowledge in the performance or exercise of his or her functions, duties, and powers; and
                        1. must not make a record of or use or disclose that information except for the purpose of carrying out his or her functions or duties under, or for the purpose of giving effect to, this Act.

                          1. A person who contravenes subsection (2) commits an offence and is liable on conviction to—

                          2. a term of imprisonment not exceeding 2 years; or
                            1. a fine not exceeding $10,000.

                              1. The leave of the Attorney-General must be obtained before an offence against subsection (2) is prosecuted.

                              2. A person to whom this section applies is an official for the purposes of sections 105 and 105A of the Crimes Act 1961.

                              3. In this section, reviewer means a reviewer appointed under section 236(1).

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