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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

157: Amendment of approved information sharing agreement

You could also call this:

“How to change an approved information sharing agreement”

If you make changes to an approved information sharing agreement, the lead agency must tell the Privacy Commissioner and the relevant Minister about it in writing. They also need to make a copy of the changes available for free at their main office and on their website.

The original agreement stays in effect until the Governor-General approves the changes. This approval happens through an Order in Council, which the relevant Minister recommends.

The rules for approving the original agreement also apply to approving the changes, with some adjustments if needed.

You don’t need to follow these steps for small changes like fees, party names, adding or removing agencies, or changes that don’t affect privacy much. For these small changes, you just need to update the agreement.

An order approving changes to the agreement is considered secondary legislation, which means it needs to follow special rules about how it’s published.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23590.

Topics:
Rights and equality > Privacy
Government and voting > Government departments
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156: Commissioner may specify frequency of reporting by lead agency, or

“Privacy Commissioner decides how often agencies must report on information sharing”

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158: Review of operation of approved information sharing agreement, or

“Check how information sharing agreements are working”

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

157Amendment of approved information sharing agreement

  1. This section applies if an approved information sharing agreement is amended (whether in accordance with the Commissioner's recommendation in a report under section 159 or otherwise).

  2. As soon as practicable after the amendment is made, the lead agency must—

  3. give written notice of the amendment to—
    1. the Commissioner; and
      1. the relevant Minister; and
      2. make a copy of the amendment—
        1. available for inspection, free of charge, at the lead agency's head office on any working day; and
          1. accessible, free of charge, on the Internet site where a copy of the agreement is accessible.

          2. The information sharing agreement approved by Order in Council continues to have effect as if the amendment notified under subsection (2) had not been made, unless the Governor-General, by a further Order in Council made on the recommendation of the relevant Minister, approves the agreement as amended by the parties.

          3. Sections 145 to 151 apply, with any necessary modifications, to the approval of the agreement as amended.

          4. Subsection (2)(a), (3), or (4) does not apply if the amendment to an approved information sharing agreement relates only to—

          5. the fees and charges payable under the agreement; or
            1. a name or description of a party to the agreement; or
              1. naming an agency as a party to the agreement under section 142(3); or
                1. removing an agency as a party to the agreement under section 142(4); or
                  1. any terms or conditions of the agreement that the lead agency, after consulting the Commissioner, considers do not, or are unlikely to, have any effect on the privacy implications of the agreement.

                    1. An order under subsection (3) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

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                    Notes
                    • Section 157(6): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).