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Intelligence and Security Act 2017

Miscellaneous provisions - Security clearance information

220: Use of information provided for security clearance assessment

You could also call this:

"What happens to the information you give for a security check"

Illustration for Intelligence and Security Act 2017

When you give information for a security clearance assessment, the New Zealand Security Intelligence Service can use it for a few specific things. They can use it for the security clearance assessment you are going through. They can also use it for other security clearance assessments. Additionally, they can use it for counter-intelligence, which means trying to stop people from sharing official information they should not share.

The New Zealand Security Intelligence Service can use this information even if it goes against some privacy rules, like information privacy principle 10 set out in section 22 of the Privacy Act 2020.

You should know that a security clearance assessment is when the New Zealand Security Intelligence Service checks if you are suitable to hold a special clearance that lets you access sensitive government information, as part of their function under section 11.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM6921248.

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Part 7Miscellaneous provisions
Security clearance information

220Use of information provided for security clearance assessment

  1. Any information obtained by or disclosed to the New Zealand Security Intelligence Service for the purpose of a security clearance assessment may be used only for the following purposes:

  2. the security clearance assessment:
    1. any other security clearance assessment:
      1. counter-intelligence.

        1. Subsection (1) applies despite anything in information privacy principle 10 set out in section 22 of the Privacy Act 2020.

        2. In this section,—

          counter-intelligence means the intelligence activities carried out to identify and counteract the threat, or potential threat, of unauthorised disclosure of official information by a person who holds, or has held, a New Zealand Government-sponsored national security clearance

            security clearance assessment means an assessment conducted by the New Zealand Security Intelligence Service in the performance of its function under section 11 for the purpose of making a recommendation as to an individual’s suitability to hold a New Zealand Government-sponsored national security clearance.

            Notes
            • Section 220(2): amended, on , by section 217 of the Privacy Act 2020 (2020 No 31).