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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

137: Relationship between subpart 1 and other law relating to information disclosure

You could also call this:

"How this law works with other laws that control sharing personal information"

Illustration for Privacy Act 2020

This part of the law is about how it relates to other laws that say when personal information can be shared. You need to know that this law does not stop other laws from saying when personal information can be shared. It also does not force agencies to share personal information if they are already allowed to do so.

When agencies share personal information, they can make an agreement that says how they will share it. You can look at subparts 2 to 4 to see more about this. These parts of the law work together and do not limit each other.

An agreement to share personal information can be the same as another law that already says how to share that information. It can also add to an existing law by saying that the information can be shared with more agencies or for different purposes. For example, it can say that an agency can share personal information with another agency that is not listed in the original law. You can also read about section 177 to learn more about information matching provisions.

There are some special words used in this law, like "information sharing provision" which means a law that says when personal information can be shared. Another special word is "restricted information sharing provision" which means a law that says personal information can only be shared for certain purposes.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23536.

Topics:
Rights and equality > Privacy
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136: Purpose of this subpart, or

"When agencies can share your personal info to help provide public services"

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138: Interpretation, or

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Part 7Sharing, accessing, and matching personal information
Information sharing

137Relationship between subpart 1 and other law relating to information disclosure

  1. To avoid doubt, nothing in this subpart—

  2. limits the collection, use, or disclosure of personal information that is authorised or required by or under any enactment; or
    1. compels agencies to enter into an information sharing agreement if those agencies are already allowed to share personal information—
      1. by or under any other enactment; or
        1. because an exemption from or a modification to 1 or more of the IPPs or any code of practice is not required to make the sharing of the information lawful.

        2. This subpart and subparts 2 to 4 do not limit one another.

        3. An information sharing agreement may—

        4. duplicate an information sharing provision by providing for an agency to share the same personal information specified in the information sharing provision—
          1. with the same agencies specified in the information sharing provision; and
            1. for the same purposes specified in the information sharing provision; or
            2. extend an information sharing provision that is not a restricted information sharing provision by providing for an agency to share the same personal information specified in the information sharing provision—
              1. with the same agencies specified in the information sharing provision for a purpose not specified in the information sharing provision; or
                1. with an agency not specified in the information sharing provision for a purpose specified in the information sharing provision; or
                  1. with an agency not specified in the information sharing provision and for a purpose not specified in the information sharing provision; or
                  2. duplicate a restricted information sharing provision by providing for an agency to share the same personal information as specified in the restricted information sharing provision—
                    1. with the same agencies specified in the restricted information sharing provision; and
                      1. for the same purposes specified in the restricted information sharing provision; or
                      2. extend in any manner specified in paragraph (b) a restricted information sharing provision, but only if—
                        1. the restricted information sharing provision is an information matching provision (as defined in section 177); or
                          1. there is express statutory authorisation to do so.

                          2. In subsection (3),—

                            information sharing provision means a provision in any enactment other than this Act that authorises or requires the sharing of personal information by an agency with 1 or more other agencies for 1 or more specified purposes

                              restricted information sharing provision means an information sharing provision that expressly restricts the purposes for which the personal information may be shared to those purposes specified.

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