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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

144: Form and content of information sharing agreement

You could also call this:

"What to include when writing an agreement to share personal information"

Illustration for Privacy Act 2020

When you share personal information, you need an agreement in writing. This agreement must say what it is for and what information will be shared. It must also explain how the information will be shared and how people's privacy will be protected.

You must include details about how to deal with complaints if someone's privacy is interfered with. If a private company is involved, you must say which government agency will handle complaints. The agreement must also say that everyone involved will help sort out complaints.

If the agreement is made under section 142, you must choose a lead agency and say which other agencies can be part of the agreement. You must also make a list of the agencies that are part of the agreement.

You can add other conditions to the agreement, like fees or business processes. This can include things like how much it costs to share the information and how it will be done.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23576.

Topics:
Rights and equality > PrivacyGovernment and voting > Government departments
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143: Lead agency, or

"The agency in charge of keeping your personal information safe when it's shared is called the lead agency."

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145: Governor-General may approve information sharing agreement by Order in Council, or

"The Governor-General can agree to share information in a special way by making a law called an Order in Council."

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

144Form and content of information sharing agreement

  1. An information sharing agreement must be in writing.

  2. An information sharing agreement must—

  3. specify with due particularity the purpose of the information sharing agreement:
    1. set out the information referred to in section 146:
      1. contain an overview of the operational details about the sharing of information under the agreement:
        1. specify the safeguards that will apply to protect the privacy of individuals and ensure that any interference with their privacy is minimised:
          1. if a party to the agreement is a New Zealand private sector agency, state which public sector agency will be responsible for dealing with complaints about an alleged interference with privacy if the New Zealand private sector agency is unable to be held accountable for those complaints:
            1. state that every party to the agreement must give any reasonable assistance that is necessary in the circumstances to allow the Commissioner or an individual who wishes to make a complaint about an interference with privacy to determine the agency against which the complaint should be made:
              1. if entered into under section 142,—
                1. designate an agency as the lead agency; and
                  1. specify with due particularity the class of agencies to which the agreement may apply; and
                    1. include a schedule that sufficiently identifies the agencies within that class that are parties to the agreement.

                    2. An information sharing agreement may specify any other terms or conditions that the parties may agree to, including—

                    3. the fees and charges that are payable under the agreement; and
                      1. any other business processes relating to the sharing of information under the agreement.

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