Intelligence and Security Act 2017

Authorisations - Unauthorised, irrelevant, and incidentally obtained information

103: Destruction of irrelevant information

You could also call this:

"Getting rid of information that spy agencies don't need anymore"

Illustration for Intelligence and Security Act 2017

When you are looking at information that intelligence and security agencies have, they call it irrelevant information if they got it while doing something they were allowed to do, but they do not need it to do their job. You should know that irrelevant information includes things they used to need, but not anymore. Irrelevant information must be destroyed as soon as possible.

If an agency has irrelevant information, they have to get rid of it quickly, but there are some exceptions. You might not be able to destroy the information if a law says they have to keep it. A court can also stop them from destroying the information if they make an order saying so. This means the agency has to keep the information even if they do not need it.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7118959.


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102: Destruction of unauthorised information, or

"What to do with secret information you're not supposed to have"


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104: Retention of incidentally obtained information, or

"Keeping information that spy agencies find by accident, to help keep people safe"

Part 4Authorisations
Unauthorised, irrelevant, and incidentally obtained information

103Destruction of irrelevant information

  1. In this section, irrelevant information means information that—

  2. is obtained by an intelligence and security agency within the scope of an authorised activity; but
    1. is not required, or is no longer required, by the agency for the performance of its functions.
      1. Irrelevant information must be destroyed as soon as practicable.

      2. Subsection (2) is subject to—

      3. any enactment requiring the retention of the information; or
        1. any order of a court that imposes a prohibition on the destruction of the information.