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Privacy Act 2020

Sharing, accessing, and matching personal information - Information sharing

158: Review of operation of approved information sharing agreement

You could also call this:

"Checking how well information sharing agreements are working"

Illustration for Privacy Act 2020

The Commissioner can review how an approved information sharing agreement is working at any time. You need to know that the Commissioner is like a referee who makes sure people follow the rules. The Commissioner must talk to the people and groups involved in the agreement when they do a review.

The Commissioner has to consult with the parties to the agreement and people who represent the individuals whose personal information is being shared. The Commissioner also has to think about what people say during the review. You can see how this rule has changed over time by looking at the previous law.

The people involved in the agreement must help the Commissioner with the review by doing everything they reasonably can to co-operate. The Commissioner cannot do a review in the first 12 months after the agreement is approved, unless the relevant Minister says it is okay.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS23591.

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157: Amendment of approved information sharing agreement, or

"Changing an agreement about sharing personal information"

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159: Report on findings of review, or

"The Commissioner writes a report if information sharing is not working properly or is hurting people's privacy."

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

158Review of operation of approved information sharing agreement

  1. The Commissioner may at any time, on the Commissioner’s own initiative, conduct a review of the operation of an approved information sharing agreement.

  2. However, except with the consent of the relevant Minister, no review may be conducted under subsection (1) before the end of the period of 12 months after the Order in Council approving the agreement is made.

  3. In conducting a review, the Commissioner must—

  4. consult the following persons and organisations about the review:
    1. the parties to the agreement:
      1. any person or organisation that the Commissioner considers represents the interests of the classes of individuals whose personal information is being shared under the agreement; and
      2. consider any submissions made on the review.

        1. The parties to the agreement must take all reasonable steps to co-operate with the review.

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