114B Prohibition on transfer of personal information outside New Zealand

(1)

The Commissioner may prohibit a transfer of personal information from New Zealand to another State if the Commissioner is satisfied, on reasonable grounds, that—

(a)

the information has been, or will be, received in New Zealand from another State and is likely to be transferred to a third State where it will not be subject to a law providing comparable safeguards to this Act; and

(b)

the transfer would be likely to lead to a contravention of the basic principles of national application set out in Part Two of the OECD Guidelines and set out in Schedule 5A.

(2)

In determining whether to prohibit a transfer of personal information, the Commissioner must also consider, in addition to the matters set out in subsection (1) and section 14, the following:

(a)

whether the transfer affects, or would be likely to affect, any individual; and

(b)

the general desirability of facilitating the free flow of information between New Zealand and other States; and

(c)

any existing or developing international guidelines relevant to transborder data flows, including (but not limited to)—

(i)

the OECD Guidelines:

(ii)

the European Union Directive 95/46/EC on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data.

(3)

Subsection (1) does not apply if the transfer of the information, or the information itself, is—

(a)

required or authorised by or under any enactment; or

(b)

required by any convention or other instrument imposing international obligations on New Zealand.

Section 114B: inserted, on 8 September 2010, by section 8 of the Privacy (Cross-border Information) Amendment Act 2010 (2010 No 113).