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Intelligence and Security Act 2017

Accessing information held by other agencies - Obtaining business records of telecommunications network operators and financial service providers - Approval to obtain business records

147: Approval to obtain business records

You could also call this:

"Getting permission to look at a company's private records for security reasons"

Illustration for Intelligence and Security Act 2017

To get approval to obtain business records, you need to apply to two important people: the responsible Minister and a Commissioner of Intelligence Warrants. They decide together whether to grant the approval. You can get this approval if it is necessary for an intelligence and security agency to do its job, as stated in section 10, 11, or 14 of the Act. The Minister and the Commissioner must also be satisfied that getting these records will not hurt people's privacy too much and that it is the best way to get the information.

When you apply for approval, the Minister and the Commissioner consider several things, including whether it would be better to get a special warrant to seize the records. They also think about whether the agency has a good plan to use the records only for its job and to keep the information safe. You must have a good plan to make sure you only use the records for the right reasons and that you keep the information safe.

If your application is approved, the approval document must say who it is for, what records you can get, and when you can get them. It must also say what rules you must follow and when the approval was given. This is to ensure that you use the approval correctly and do not get more records than you need.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7119008.

Topics:
Business > Industry rulesRights and equality > Privacy
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146: Joint application for approval, or

"Two important security bosses can apply together for permission"

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148: Duration of approval, or

"How long approval to get business records lasts"

Part 5Accessing information held by other agencies
Obtaining business records of telecommunications network operators and financial service providers: Approval to obtain business records

147Approval to obtain business records

  1. An application for an approval to obtain business records from business agencies is granted jointly by—

  2. the responsible Minister; and
    1. a Commissioner of Intelligence Warrants.

      1. An application for an approval may be granted to the Director-General of an intelligence and security agency if the responsible Minister and a Commissioner of Intelligence Warrants are satisfied that—

      2. obtaining business records from business agencies in the circumstances stated in the application is necessary to enable the intelligence and security agency to perform a function under section 10, 11, or 14; and
        1. the privacy impact of obtaining the business records in those circumstances does not outweigh the importance of performing that function; and
          1. it would not be more appropriate for the Director-General to apply for the issue of an intelligence warrant authorising the seizing of the business records; and
            1. there are satisfactory arrangements in place to ensure that nothing will be done in reliance on the approval beyond what is necessary and reasonable for the proper performance of a function of an intelligence and security agency; and
              1. there are satisfactory arrangements in place to ensure that any information obtained in reliance on the approval will be retained, used, and disclosed only in accordance with this Act or any other enactment.

                1. An approval must state—

                2. the Director-General to whom the approval is granted; and
                  1. the circumstances in which those business records may be obtained from business agencies by the issue of a business records direction under the approval; and
                    1. the business records or class of business records that the Director-General may obtain from business agencies under a business records direction; and
                      1. any restrictions or conditions to which the approval is subject; and
                        1. the date on which the approval was granted.