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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 think about before approving a plan to share personal information"

Illustration for Privacy Act 2020

Before the Minister recommends making an Order in Council under section 145(1), they must be satisfied with certain things and consider any submissions made under section 150(1)(a). The Minister must think about whether the information sharing agreement will help provide a public service. They must also consider if the agreement protects people's privacy and if the benefits of sharing personal information outweigh the costs.

The Minister needs to check that the agreement does not unfairly affect people's privacy and that it has enough safeguards to protect their privacy. They must also think about whether sharing personal information will help provide a public service and if the type and amount of information shared is necessary. The Minister must weigh up the benefits and costs of sharing personal information and make sure any potential problems with other laws are sorted out.

The Minister has to look at all these things before they can recommend making an Order in Council to approve an information sharing agreement.

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Health and wellbeing > Public healthRights and equality > Privacy
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Part 7Sharing, 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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