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Customer and Product Data Bill

Administrative matters - Designation regulations

98: Minister must have regard to certain matters

You could also call this:

“The Minister must think about important things before making data-sharing rules”

The proposed law says that before the Minister can recommend making rules about who should share data, they must think about a few important things.

First, they need to consider what’s best for customers, especially Māori customers. They also have to think about how much it might cost and benefit the people or groups who would have to share data.

The Minister must also consider if the new rules will help create safe, standard, and efficient ways to share data. They need to think about the good things and the risks that might come from these new rules, especially when it comes to keeping customer and product information safe and private.

Finally, the Minister has to think about any special rights that people might have over the data, like copyrights or trade secrets. The law explains that these special rights can include things like patents, designs, trademarks, and other similar rights.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS835837.

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97: Designation regulations, or

“Rules for making special laws about data sharing”

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Part 5 Administrative matters
Designation regulations

98Minister must have regard to certain matters

  1. Before recommending that designation regulations be made, the Minister must have regard to the following:

  2. the interests of customers, including Māori customers:
    1. any likely costs and benefits for the person or class of persons that are proposed to become data holders:
      1. whether the regulations promote the implementation of secure, standardised, and efficient regulated data services:
        1. the likely benefits and risks associated with the proposed designation regulations in relation to—
          1. the security, privacy, confidentiality, or other sensitivity of customer data and product data; and
            1. any intellectual property rights that may exist in relation to customer data or product data.

            2. In this section, intellectual property rights includes patents, designs, trade marks, copyrights, plant variety rights, know-how, confidential information, trade secrets, and similar rights.