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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

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

You could also call this:

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

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The Governor-General can approve an agreement to share information by making an Order in Council. You need to know that this Order in Council is made on the recommendation of the relevant Minister. The Governor-General is advised by a Minister before making this decision.

The Order in Council can say that some of the information privacy principles, or IPPs, do not apply, or that they apply in a different way. This means that the Order in Council can change how some of the IPPs work, but it cannot change IPPs 6 and 7. The Order in Council can also change how a code of practice works, as long as it is not a code of practice that changes IPPs 6 and 7.

If the Order in Council says that some of the IPPs or a code of practice do not apply, it can also say that this exemption has conditions that must be met. The Order in Council can also change the standards that the IPPs or code of practice set, by making them more or less strict. An Order in Council is a type of secondary legislation, which means it is a law made under another law, and you can learn more about this by looking at Part 3 of the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23577.

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144: Form and content of information sharing agreement, or

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146: Requirements for Order in Council, or

"What the government must include when making an Order in Council about sharing personal information"

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

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

  1. The Governor-General may, by Order in Council made on the recommendation of the relevant Minister, approve an information sharing agreement.

  2. An Order in Council may grant an exemption from or modify the application of—

  3. 1 or more of the IPPs (except IPPs 6 and 7):
    1. any code of practice (except a code of practice that modifies IPPs 6 and 7).

      1. An Order in Council that, under subsection (2), grants an exemption from 1 or more of the IPPs or a code of practice may provide that the exemption is unconditional or is subject to any conditions that are prescribed in the Order in Council.

      2. An Order in Council that, under subsection (2), modifies the application of 1 or more of the IPPs or any code of practice may do so by prescribing standards that are more stringent or less stringent than the standards that are prescribed by the IPP or, as the case may be, the code of practice.

      3. An order under this section is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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      Notes
      • Section 145(5): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).