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Privacy Act 2020

Preliminary provisions - Interpretation and related matters

11: Personal information treated as being held by another agency in certain circumstances

You could also call this:

“Agencies holding information for others are not considered the holders unless they use it themselves”

When an agency (let’s call it Agency A) holds information for another agency (Agency B), this information is treated as if Agency B is holding it, not Agency A. This could happen if Agency A is acting as a representative or agent for Agency B, or if they’re keeping the information safe or processing it for Agency B.

However, if Agency A uses or shares the information for its own reasons, then both Agency A and Agency B are considered to be holding the information.

It doesn’t matter if Agency A is outside New Zealand or if they’re holding the information outside New Zealand. These rules still apply.

When Agency B gives the information to Agency A, it’s not considered as using or sharing the information. Similarly, when Agency A gives the information back to Agency B, including any information they’ve processed from it, this isn’t considered as using or sharing the information either.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23318.

Topics:
Rights and equality > Privacy
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“Agency responsibility for personal information held by its workers or members”

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“Agency responsibility for staff actions and information”

Part 1 Preliminary provisions
Interpretation and related matters

11Personal information treated as being held by another agency in certain circumstances

  1. This section applies if an agency (A) holds information for or on behalf of another agency (B) (for example, the information is held by A as a representative or agent of B, or for safe custody or processing on behalf of B).

  2. For the purposes of this Act, the personal information is to be treated as being held by B, and not A.

  3. However, the personal information is to be treated as being held by A as well as B if A uses or discloses the information for its own purposes.

  4. For the purposes of this section, it does not matter whether A—

  5. is outside New Zealand; or
    1. holds the information outside New Zealand.

      1. To avoid doubt, if, under subsection (2), B is treated as holding personal information,—

      2. the transfer of the information to A by B is not a use or disclosure of the information by B; and
        1. the transfer of the information, and any information derived from the processing of that information, to B by A is not a use or disclosure of the information by A.

          Compare
          Notes
          • Section 11(1): replaced, on , by section 94 of the Statutes Amendment Act 2022 (2022 No 75).