Procedure for recommending Order in Council

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

96N Matters to which relevant Minister must have regard before recommending Order in Council

(1)

Before recommending the making of an Order in Council, the relevant Minister must—

(a)

be satisfied of the matters set out in subsection (2); and

(b)

have regard to any submissions made under section 96O(1)(a) in relation to the information sharing agreement that is proposed for approval by the Order in Council.

(2)

The matters referred to in subsection (1)(a) are as follows:

(a)

that the information sharing agreement will facilitate the provision of any public service or public services:

(b)

that the type and quantity of personal information to be shared under the agreement are no more than is necessary to facilitate the provision of that public service or those public services:

(c)

that the agreement does not unreasonably impinge on the privacy of individuals and contains adequate safeguards to protect their privacy:

(d)

that the benefits of sharing personal information under the agreement are likely to outweigh the financial and other costs of sharing it:

(e)

that any potential conflicts or inconsistencies between the sharing of personal information under the agreement and any other enactment have been identified and appropriately addressed.

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