Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

138: Interpretation

You could also call this:

"What special words mean in the Privacy Act 2020"

Illustration for Privacy Act 2020

When you read this part of the Privacy Act 2020, some words have special meanings. You need to know what these words mean to understand the law. The law explains what these words mean.

The law says what an "adverse action" is, and you can find this in section 177. An "agency" is a New Zealand organisation, like a government department or a private company. An "approved information sharing agreement" is an agreement that lets agencies share personal information, and it has been approved by an Order in Council.

A "department" is a government department, like those listed in the Ombudsmen Act 1975. It also includes the New Zealand Police and the New Zealand Transport Agency. An "information sharing agreement" is an agreement between agencies that lets them share personal information to provide a public service.

A "lead agency" is an agency that is in charge of an information sharing agreement. A "local authority" is a local council or other public organisation, like those listed in the Local Government Official Information and Meetings Act 1987. A "New Zealand private sector agency" is a private company in New Zealand, and you can find its meaning in section 7(1).

An "Order in Council" is a special kind of rule made by the government, usually under section 145(1). An "organisation" is a group or company, like those listed in the Ombudsmen Act 1975 or the Official Information Act 1982.

An "overseas agency" is an agency that is not from New Zealand. A "public sector agency" is a government department, organisation, or local council. A "public service" is a service provided by a public sector agency, like a government department or local council.

A "relevant Minister" is the Minister in charge of a lead agency. "Sharing" information means collecting, storing, checking, using, or giving out information, as allowed by an approved information sharing agreement. A "specified organisation" is a special kind of organisation, like the Accident Compensation Corporation or Education New Zealand.

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 It might be out of date or be missing some parts.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

This page was last updated on

View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23568.


Previous

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

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


Next

139: Information sharing between agencies, or

"Agencies can share your personal info if they have a special agreement to do so."

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

138Interpretation

  1. In this subpart, unless the context otherwise requires,—

    adverse action has the meaning given to it in section 177

      agency means a New Zealand agency that is—

      1. a public sector agency; or
        1. a New Zealand private sector agency

          approved information sharing agreement means an information sharing agreement approved by an Order in Council that is for the time being in force

            department

            1. means—
              1. a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975:
                1. an interdepartmental venture:
                  1. a departmental agency hosted by a government department named in Part 1 of Schedule 1 of the Ombudsmen Act 1975; and
                  2. includes—
                    1. the New Zealand Police:
                      1. the New Zealand Transport Agency

                      information sharing agreement or agreement means an agreement between or within agencies that enables the sharing of personal information (whether or not the sharing also includes information that is not personal information) to facilitate the provision of a public service

                        lead agency means a department, part of a public sector agency that is a department, or specified organisation that enters into an information sharing agreement and is designated as the lead agency in—

                        1. the agreement; and
                          1. the Order in Council approving the agreement

                            local authority means a local authority or public body named or specified in Schedule 1 of the Local Government Official Information and Meetings Act 1987

                              New Zealand private sector agency has the meaning given to it in section 7(1)

                                Order in Council, except in section 161, means an Order in Council made under section 145(1)

                                  organisation means—

                                  1. an organisation named in Part 2 of Schedule 1 of the Ombudsmen Act 1975; and
                                    1. an organisation named in Schedule 1 of the Official Information Act 1982

                                      overseas agency means an agency that is not a New Zealand agency

                                        public sector agency means a department, an organisation, or a local authority

                                          public service means a public function or duty that is conferred or imposed on a public sector agency—

                                          1. by or under law; or
                                            1. by a policy of the Government

                                              relevant Minister means the Minister who, under the authority of any warrant or with the authority of the Prime Minister, is for the time being responsible for a lead agency

                                                sharing, in relation to any information referred to in an approved information sharing agreement, means all or any of the following activities if authorised by an approved information sharing agreement:

                                                1. collecting the information:
                                                  1. storing the information:
                                                    1. checking the information:
                                                      1. using the information:
                                                        1. disclosing the information:
                                                          1. exchanging the information:
                                                            1. if necessary, assigning a unique identifier to an individual

                                                              specified organisation means any of the following organisations:

                                                              1. the Accident Compensation Corporation:
                                                                1. the Civil Aviation Authority of New Zealand:
                                                                  1. Health New Zealand:
                                                                      1. Education New Zealand:
                                                                        1. Fire and Emergency New Zealand:
                                                                          1. Housing New Zealand Corporation:
                                                                            1. the New Zealand Qualifications Authority:
                                                                              1. the Tertiary Education Commission:
                                                                                1. Toka Tū Ake – Natural Hazards Commission:
                                                                                  1. WorkSafe New Zealand.

                                                                                    Compare
                                                                                    Notes
                                                                                    • Section 138 department: replaced, on , by section 127 of the Public Service Act 2020 (2020 No 40).
                                                                                    • Section 138 specified organisation paragraph (c): replaced, on , by section 104 of the Pae Ora (Healthy Futures) Act 2022 (2022 No 30).
                                                                                    • Section 138 specified organisation paragraph (d): repealed, on , by section 163 of the Natural Hazards Insurance Act 2023 (2023 No 1).
                                                                                    • Section 138 specified organisation paragraph (ia): inserted, on , by section 163 of the Natural Hazards Insurance Act 2023 (2023 No 1).
                                                                                    • Section 138 specified organisation paragraph (k): repealed, on , by section 43 of the Pae Ora (Disestablishment of Māori Health Authority) Amendment Act 2024 (2024 No 5).