Plain language law

New Zealand law explained for everyone

Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

146: Requirements for Order in Council

You could also call this:

“Rules for government orders to share your personal information”

When the government wants to share your personal information, they need to make an Order in Council. This order must explain several things:

If there are any special rules or changes to privacy laws for this sharing, the order needs to say what they are.

The order must tell you what public services this information sharing is meant to help with.

It needs to be very clear about what exact personal information will be shared.

The order has to list all the groups involved in sharing the information and say which one is in charge.

For each group sharing information, the order must say what information they can share, how they can use it, and what negative actions they might take because of the information.

If a group might take negative action against you without telling you first, the order needs to explain how they will do this.

If new groups might join the agreement later, the order needs to explain what information they can share, how they can use it, and what negative actions they might take.

Finally, the order must say where you can find a copy of the full agreement on the internet.

This helps make sure that when your personal information is shared, it’s done in a way that follows the rules and respects your privacy.

This text is automatically generated. It might be out of date or be missing some parts. Find out more about how we do this.

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

Topics:
Rights and equality > Privacy
Government and voting > Government departments
Previous

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

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

Next

147: Further provisions about Order in Council, or

“Rules for government documents about sharing your personal information”

Part 7 Sharing, 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.

                              Compare