Form and content

Heading: inserted, on 27 February 2013, by section 8 of the Privacy Amendment Act 2013 (2013 No 1).

96I Form and content of information sharing agreement

(1)

An information sharing agreement must be in writing.

(2)

An information sharing agreement must—

(a)

specify with due particularity the purpose of the information sharing agreement:

(b)

set out the information referred to in section 96K:

(c)

contain an overview of the operational details about the sharing of information under the agreement:

(d)

specify the safeguards that will apply to protect the privacy of individuals and ensure that any interference with their privacy is minimised:

(e)

if a party to the agreement is a private sector agency, state which public sector agency will be responsible for dealing with complaints about an alleged interference with privacy if the private sector agency is unable to be held to account for those complaints:

(f)

state that every party to the agreement must give any reasonable assistance that is necessary in the circumstances to allow the Commissioner or an individual who wishes to make a complaint about an interference with privacy to determine the agency against which the complaint should be made:

(g)

if entered into under section 96G,—

(i)

identify the party that is a public sector agency or private sector agency representing the interests of a class of agencies; and

(ii)

describe that class of agencies; and

(iii)

include a schedule that sufficiently identifies the public sector agencies or private sector agencies within that class that are parties to the agreement.

(3)

An information sharing agreement may specify any other terms or conditions that the parties may agree, including—

(a)

the fees and charges that are payable under the agreement; and

(b)

any other business processes relating to the sharing of information under the agreement.

Section 96I: inserted, on 27 February 2013, by section 8 of the Privacy Amendment Act 2013 (2013 No 1).