Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

142: Agreement may apply to classes of agencies

You could also call this:

“Agreements can cover groups of agencies, with flexible joining and leaving”

You can make an information sharing agreement that applies to groups of agencies. These groups don’t include departments or specified organisations.

The lead agency can let an agency from one of these groups join the agreement. They add the new agency’s name to a list called the Schedule of Parties.

If an agency wants to leave the agreement, they can ask the lead agency to take their name off the list.

The lead agency doesn’t need to ask the other agencies before adding or removing names from the list. But they must give everyone a copy of the updated list after they make changes.

When an agency joins the agreement, they can choose whether to share personal information with other agencies in the agreement.

In this part of the law, when we talk about parties to an information sharing agreement, we mean all the agencies on the Schedule of Parties list, unless it’s clear we mean something else.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23574.

Topics:
Rights and equality > Privacy

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141: Parties to information sharing agreement, or

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

142Agreement may apply to classes of agencies

  1. For the purposes of this section,—

    class of agencies excludes—

    1. a class of departments:
      1. a class of specified organisations

        member of a class of agencies excludes—

        1. a department:
          1. a specified organisation:
            1. a part of a department:
              1. a part of a specified organisation.

              2. An information sharing agreement may specify 1 or more classes of agencies to which the agreement may apply.

              3. At any time after an agreement has been entered into, the lead agency may—

              4. agree to an agency that is a member of a class of agencies specified in the agreement becoming a party to the agreement; and
                1. name that agency as a party in a schedule to the agreement (the Schedule of Parties).
                  1. If at any time an agency named in the Schedule of Parties no longer wishes to be a party to the agreement, the lead agency must, on the request of that agency, remove the agency’s name from the Schedule of Parties.

                  2. A lead agency need not obtain the consent of any other party to the agreement before—

                  3. naming an agency in the Schedule of Parties; or
                    1. removing the name of an agency from the Schedule of Parties.
                      1. A lead agency must, after doing either of the things referred to in subsection (5), provide the other parties to the information sharing agreement (including the agency whose name has been added to, or removed from, the Schedule of Parties) with a copy of the Schedule of Parties or amended Schedule of Parties, as the case may be.

                      2. An agency that becomes a party to the agreement under subsection (3) may, but need not, share or participate in the sharing of any personal information with 1 or more other agencies in accordance with the terms of the agreement.

                      3. Unless the context otherwise requires, every reference in this Part to a party to an information sharing agreement includes an agency named as a party in a Schedule of Parties.

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