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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

149: Matters to which relevant Minister must have regard before recommending Order in Council

You could also call this:

“What the Minister must consider before recommending an information sharing agreement”

Before the relevant Minister can recommend making an Order in Council under section 145(1), you need to know that they must do two things. First, they must be sure about certain matters. Second, they must consider any submissions made about the proposed information sharing agreement.

The matters the Minister must be sure about are:

The information sharing agreement will help provide a public service or services. The amount and type of personal information to be shared should be only what is needed to provide the service. The agreement should not unfairly affect people’s privacy and should have good ways to protect it. The benefits of sharing personal information should be more than the costs of sharing it. Any possible conflicts with other laws have been found and dealt with properly.

When the Minister is thinking about these things, they must look at any submissions people have made about the proposed information sharing agreement. This helps the Minister make a good decision about whether to recommend the Order in Council.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23582.

Topics:
Rights and equality > Privacy
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Part 7 Sharing, accessing, and matching personal information
Information sharing

149Matters to which relevant Minister must have regard before recommending Order in Council

  1. Before recommending the making of an Order in Council under section 145(1), the relevant Minister must—

  2. be satisfied of the matters set out in subsection (2); and
    1. have regard to any submissions made under section 150(1)(a) in relation to the information sharing agreement that is proposed for approval by the Order in Council.

      1. The matters referred to in subsection (1)(a) are as follows:

      2. that the information sharing agreement will facilitate the provision of a particular public service or particular public services:
        1. that the type and quantity of personal information to be shared under the agreement are no more than is necessary to facilitate the provision of that public service or those public services:
          1. that the agreement does not unreasonably impinge on the privacy of individuals and contains adequate safeguards to protect their privacy:
            1. that the benefits of sharing personal information under the agreement are likely to outweigh the financial and other costs of sharing it:
              1. that any potential conflicts or inconsistencies between the sharing of personal information under the agreement and any other enactment have been identified and appropriately addressed.

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