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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

146: Requirements for Order in Council

You could also call this:

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

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When the government makes an Order in Council under section 145(1), it must include certain information. You need to know what this information is, so you can understand how it affects you. The Order in Council must state the public service that the information sharing agreement is meant to help.

The Order in Council must also say what personal information will be shared and who will be sharing it. You should be able to find out what kind of personal information each party to the agreement can share with the other parties. The Order in Council must also explain how each party can use the personal information they receive.

The government must also make sure you can access a copy of the agreement on a website. They must provide the Internet site address where you can find the agreement. If a party to the agreement is going to take action against you because of the shared personal information, they must follow a certain procedure, as outlined in section 152(1), unless section 153(a)(ii) applies.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23579.

Topics:
Government and voting > Government departmentsRights and equality > Privacy
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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."

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147: Further provisions about Order in Council, or

"Rules for making an Order in Council about sharing personal information"

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

146Requirements for Order in Council

  1. An Order in Council made under section 145(1) must—

  2. state, if applicable,—
    1. the nature of the exemption granted under section 145(2) and the conditions of the exemption (if any):
      1. how any IPPs or codes of practice will be modified under section 145(2):
      2. state the public service or public services the provision of which the information sharing agreement is intended to facilitate:
        1. specify with due particularity the personal information or the type of personal information to be shared under the agreement:
          1. set out the parties, or classes of parties, to the agreement and designate one of the parties as the lead agency:
            1. for every party to the agreement,—
              1. describe the personal information or type of personal information that the party may share with each of the other parties; and
                1. state how the party may use the personal information; and
                  1. state the adverse actions that the party can reasonably be expected to take as a result of the sharing of personal information under the agreement; and
                    1. specify the procedure that the party must follow before taking adverse action against an individual as a result of the sharing of personal information received under the agreement if the requirement in section 152(1) does not apply because of section 153(a)(ii):
                    2. for every class of agency to which the agreement may apply (if any),—
                      1. describe the personal information or type of personal information that a member of that class of agency that becomes a party to the agreement (a prospective party) may share with each of the other parties; and
                        1. state how a prospective party may use the personal information; and
                          1. state the adverse actions that a prospective party can reasonably be expected to take as a result of sharing personal information under the agreement; and
                            1. specify the procedure that a prospective party must follow before taking adverse action against an individual as a result of sharing personal information under the agreement if the requirement in section 152(1) does not apply because of section 153(a)(ii):
                            2. state the Internet site address where a copy of the agreement can be accessed.

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