104 Retention of incidentally obtained information

(1)

The Director-General of an intelligence and security agency may retain any incidentally obtained information that comes into the possession of the agency only for the purpose of disclosing it to a person specified in subsection (2) in the circumstances specified in subsection (3).

(2)

The persons are—

(a)

any employee of the New Zealand Police:

(b)

any member of the New Zealand Defence Force:

(c)

any public authority (whether in New Zealand or overseas) that the Director-General considers should receive the information.

(3)

The circumstances are that the Director-General has reasonable grounds to believe that the disclosure of the information to a person specified in subsection (2) may assist in—

(a)

preventing or detecting serious crime in New Zealand or any other country:

(b)

preventing or responding to threats to the life of any person in New Zealand or any other country:

(c)

identifying, preventing, or responding to threats or potential threats to the security or defence of New Zealand or any other country:

(d)

preventing the death of any person who is outside the territorial jurisdiction of any country.

Compare: 2003 No 9 s 25