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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:

“Governor-General can approve agreements to share information by official order”

The Governor-General can approve an information sharing agreement by making an Order in Council. This happens when the relevant Minister recommends it.

The Order in Council can change how some of the Information Privacy Principles (IPPs) or codes of practice are applied. However, it can’t change IPPs 6 and 7, or any codes that change these two principles.

When the Order in Council makes changes to the IPPs or codes of practice, it can do a few things:

It can exempt you from following some of the rules. This exemption might come with conditions that you have to follow.

It can also change how the rules work. Sometimes, it might make the rules stricter, and other times, it might make them less strict.

An Order in Council made under this section is a type of law called secondary legislation. This means it has to follow certain rules about how it’s published and made available to the public.

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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.

Topics:
Rights and equality > Privacy
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144: Form and content of information sharing agreement, or

“What to include when writing an information sharing agreement”

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146: Requirements for Order in Council, or

“Rules for government orders to share your personal information”

Part 7 Sharing, 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).

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