Enhancing Identity Verification and Border Processes Legislation Act 2017

  • Corrections have been made to section 65 on 5 September 2017 under section 25(1)(j)(iii) and (iv) of the Legislation Act 2012.
7 New Part 10A inserted

After section 109, insert:

Part 10A Identity information

109A Purpose of Part

The purpose of this Part is to authorise accessing agencies, when carrying out specified functions, to verify the identity of an individual by accessing identity information held about that individual by a holder agency.

109B Relationship between Part 10A and other law relating to information disclosure

This Part does not—

(a)

limit the collection, use, or disclosure of personal information that—

(i)

is authorised or required by or under any enactment; or

(ii)

is permitted by the information privacy principles:

(b)

limit Part 9A, 10, or 11.

109C Interpretation

In this Part,—

access, in relation to a database, includes remote access to that database

accessing agency means an agency specified in the first column of Schedule 4A

biometric information, in relation to a person, means information that comprises—

(a)

1 or more of the following kinds of personal information:

(i)

a photograph of all or any part of the person’s head and shoulders:

(ii)

impressions of the person’s fingerprints:

(iii)

a scan of the person’s irises; and

(b)

an electronic record of the personal information that is capable of being used for biometric matching

database means any information recording system or facility used by an agency to store information

holder agency means an agency specified in the third column of Schedule 4A

identity information, in relation to an individual, means any information that identifies, or relates to the identity of, the individual, and includes (without limitation) the following information:

(a)

the individual’s biographical details (for example, the individual’s name, address, date of birth, place of birth, and gender):

(b)

the individual’s biometric information:

(c)

a photograph or visual image of the individual:

(d)

details of the individual’s—

(i)

New Zealand travel document; or

(ii)

certificate of identity:

(e)

details of any distinguishing features (including tattoos and birthmarks).

109D Access by agencies to identity information

An accessing agency may, for the purpose specified in the second column of Schedule 4A opposite the name of the accessing agency, have access to an individual’s identity information held by a holder agency specified in the third column of that schedule opposite the name of the accessing agency.

109E Manner and form of access

(1)

Access to identity information permitted under section 109D may be facilitated between a holder agency and an accessing agency in the manner agreed by the agencies (for example, by direct access to information stored in a holder agency’s database, or by exchange of information between the agencies).

(2)

Identity information that is held by a holder agency and accessed by an accessing agency under section 109D may be made available to the accessing agency in the form agreed by the agencies.

109F Annual reporting requirement

The chief executive of an accessing agency must include in every annual report prepared by the chief executive for the purposes of section 43 of the Public Finance Act 1989, or any other applicable enactment requiring an annual report to Parliament, details of the operation of this Part and Schedule 4A.

109G Amendment of Schedule 4A

(1)

The Governor-General may, by Order in Council made on the recommendation of the responsible Minister given after consultation with the Privacy Commissioner,—

(a)

add, remove, amend, or replace any item in Schedule 4A; or

(b)

repeal Schedule 4A and substitute a new schedule.

(2)

Before recommending the making of an Order in Council facilitating access by an accessing agency to identity information held by a holder agency, the responsible Minister must be satisfied that—

(a)

the purpose for which the identity information is to be accessed relates to a specified function of the accessing agency; and

(b)

the identity information to be accessed is no more than is reasonably necessary to enable the accessing agency to achieve that purpose; and

(c)

any potential conflicts or inconsistencies between the sharing of personal information under Schedule 4A and any other enactment have been identified and appropriately addressed.