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Customs and Excise Act 2018

Administrative provisions - Disclosure of information - Disclosure to private sector organisations

317: Disclosure of information to private sector organisations

You could also call this:

"Customs can share some information with private companies, with rules to keep it safe."

Illustration for Customs and Excise Act 2018

The chief executive of Customs can share information with private companies. You need to know that this information would normally be available under the Official Information Act 1982. The chief executive can make a written agreement with a private company to share this information regularly.

The chief executive can make an agreement with a private company to share information without being asked. This information is what the chief executive would have to share if the company asked for it under the Official Information Act 1982. Before making an agreement, the chief executive must talk to the Privacy Commissioner.

The chief executive might also talk to the Chief Ombudsman or people who will be affected by the agreement. The chief executive must think about any comments they get from these people. The agreement must say what information will be shared, how it will be used, and who can see it.

The agreement must also say how the information will be kept safe, especially if it is personal or sensitive. It must say how the information will be stored and what will happen to it when it is no longer needed. The agreement might say if the private company can share the information with another company, and how they can do that. It must also say how the agreement will be reviewed.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM7039754.

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316: Disclosure of information other than under information matching agreement or direct access agreement, or

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Part 5Administrative provisions
Disclosure of information: Disclosure to private sector organisations

317Disclosure of information to private sector organisations

  1. The purpose of this section is to facilitate the disclosure of information by the chief executive of Customs to a private sector organisation where the information—

  2. is to be disclosed on a regular basis; and
    1. would be required to be made available under the Official Information Act 1982 upon request.

      1. The chief executive of Customs may, for the purpose of this section, enter into a written agreement with a private sector organisation for the regular disclosure, without request, of information held by Customs that the chief executive would be required to disclose to the organisation upon request under the Official Information Act 1982.

      2. Before entering into an agreement under this section, or varying any such agreement, the chief executive of Customs—

      3. must consult the Privacy Commissioner; and
        1. may consult—
          1. the Chief Ombudsman; and
            1. any person that the chief executive considers is representative of interests likely to be substantially affected by the proposed agreement; and
            2. must have regard to any comments received from the persons consulted under paragraphs (a) and (b).

              1. The written agreement must specify—

              2. the particular type or class of information to be disclosed; and
                1. how the information is to be used by the private sector organisation; and
                  1. the form in which the information is to be disclosed; and
                    1. the positions or designations of the persons in the private sector organisation to whom the information may be disclosed; and
                      1. the safeguards that are to be applied for protecting personal information, or commercially sensitive information, that is disclosed; and
                        1. the requirements relating to storage and disposal of the disclosed information; and
                          1. the circumstances (if any) in which the information may be disclosed by the private sector organisation to another specified private sector organisation, and how that disclosure may be made; and
                            1. the requirements for reviewing the agreement.