Privacy (Information Sharing Agreement between Department of Internal Affairs and Registrar-General) Order 2018

2018/275

Coat of Arms of New Zealand

Privacy (Information Sharing Agreement between Department of Internal Affairs and Registrar-General) Order 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 17th day of December 2018

Present:
The Right Hon Jacinda Ardern presiding in Council

This order is made under sections 96J to 96L of the Privacy Act 1993

(a)

on the advice and with the consent of the Executive Council; and

(b)

on the recommendation of the Minister of Internal Affairs made in accordance with section 96N of that Act.

Order

1 Title

This order is the Privacy (Information Sharing Agreement between Department of Internal Affairs and Registrar-General) Order 2018.

2 Commencement

This order comes into force on 17 January 2019.

3 Interpretation

(1)

In this order, unless the context otherwise requires,—

Act means the Privacy Act 1993

agreement means the information sharing agreement approved under clause 4

celebrant means a person—

(a)

authorised to act as a marriage celebrant under the Marriage Act 1955; or

(b)

appointed under section 26 of the Civil Union Act 2004 as a civil union celebrant

DIA means the Department of Internal Affairs

identity services means all services provided by DIA or the Registrar-General under the relevant legislation, including any of the following:

(a)

the registration or recording of life events:

(b)

the issuing of travel documents:

(c)

the provision of access to information relating to life events and travel documents

information privacy principle means an information privacy principle in section 6 of the Act

life event means a birth, death, marriage, civil union, name change, acquisition or grant of New Zealand citizenship, change of citizenship status, or appointment or authorisation to act as a celebrant

personal information has the same meaning as in section 2(1) of the Act

Registrar-General has the same meaning as in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

source document has the same meaning as in section 2 of the Births, Deaths, Marriages, and Relationships Registration Act 1995

travel document means a New Zealand travel document as defined in section 2 of the Passports Act 1992.

(2)

Any term that is used but not defined in this order has the same meaning as in Part 9A of the Act.

4 Information sharing agreement approved

(1)

The information sharing agreement described in subclause (2) is approved.

(2)

The information sharing agreement is the Information Sharing Agreement between DIA and the Registrar-General made on 14 November 2018.

(3)

The agreement comes into force on the day on which this order comes into force.

Parties and lead agency

5 Parties to agreement and designation of lead agency

(1)

The parties to the agreement are—

(a)

the Registrar-General; and

(b)

DIA.

(2)

The lead agency is DIA.

Purposes for which information may be shared

6 Purposes for which information may be shared

The agreement authorises the sharing of personal information for 1 or more of the following purposes:

(a)

accessing all personal information about an individual that is required to enable an identity service to be provided to the individual:

(b)

notifying an individual of an identity service that they may be eligible to access:

(c)

verifying an individual’s identity:

(d)

ensuring that an individual accessing an identity service is not required to provide to a party personal information that the other party already holds:

(e)

verifying the eligibility of an individual to access an identity service:

(f)

verifying an individual’s citizenship status:

(g)

updating records relating to an individual (or a person related to the individual) when the individual dies:

(h)

updating records relating to an individual and their children, if the individual renounces, or is deprived of, New Zealand citizenship:

(i)

preventing, detecting, investigating, and prosecuting offences:

(j)

conducting civil proceedings.

Public services that agreement facilitates

7 Public services that agreement is intended to facilitate

The public services that the agreement is intended to facilitate are—

(a)

the efficient provision of identity services; and

(b)

the prevention, detection, investigation, and prosecution of offences; and

(c)

the conduct of civil proceedings.

Personal information that may be shared under agreement

8 Personal information that may be shared under agreement

(1)

The personal information about an individual that the Registrar-General may share with DIA is the information—

(a)

specified in the second column of Schedule 1; and

(b)

described in the third column of Schedule 1.

(2)

The personal information about an individual that DIA may share with the Registrar-General is the information—

(a)

specified in the second column of Schedule 2; and

(b)

described in the third column of Schedule 2.

9 How parties may use personal information

(1)

DIA may—

(a)

use the personal information described in items 1 to 7 and 10 to 12 of Schedule 1 for 1 or more of the purposes specified in clause 6:

(b)

use the personal information described in item 8 of Schedule 1 for 1 or more of the purposes specified in clause 6(a) to (f), (i), and (j):

(c)

use the personal information described in item 9 of Schedule 1 for 1 or more of the purposes specified in clause 6(a), (c) to (e), (i), and (j).

(2)

The Registrar-General may—

(a)

use the personal information described in item 1 of Schedule 2 for 1 or more of the purposes specified in clause 6(a) to (f) and (h) to (j):

(b)

use the personal information described in item 2 of Schedule 2 for 1 or more of the purposes specified in clause 6(a) to (f), (i), and (j):

(c)

use the personal information described in item 3 of Schedule 2 for 1 or more of the purposes specified in clause 6(a) to (d):

(d)

use the personal information described in items 4 and 6 to 8 of Schedule 2 for 1 or more of the purposes specified in clause 6:

(e)

use the personal information described in item 5 of Schedule 2 for 1 or more of the purposes specified in clause 6(a) to (g), (i), and (j).

Exemptions from information privacy principles

10 Exemption from information privacy principle 2 (source of personal information)

(1)

Subclause (2) exempts the parties from information privacy principle 2.

(2)

It is not a breach of information privacy principle 2 if—

(a)

personal information is collected—

(i)

by DIA from the Registrar-General; or

(ii)

by the Registrar-General from DIA; and

(b)

that information is collected—

(i)

in accordance with the agreement; and

(ii)

for 1 or more of the purposes stated in clause 6.

11 Exemption from information privacy principle 10 (limits on use of personal information)

(1)

Subclause (2) exempts the parties from information privacy principle 10.

(2)

It is not a breach of information privacy principle 10 if—

(a)

personal information—

(i)

that is collected by DIA from the Registrar-General is used by DIA; or

(ii)

that is collected by the Registrar-General from DIA is used by the Registrar-General; and

(b)

that information is used—

(i)

in accordance with the agreement; and

(ii)

in accordance with clause 9.

12 Exemption from information privacy principle 11 (limits on disclosure of personal information)

(1)

Subclause (2) exempts the parties from information privacy principle 11.

(2)

It is not a breach of information privacy principle 11 if—

(a)

personal information is disclosed—

(i)

by DIA to the Registrar-General; or

(ii)

by the Registrar-General to DIA; and

(b)

that information is disclosed—

(i)

in accordance with the agreement; and

(ii)

when using that information in accordance with clause 9.

Adverse actions

13 Adverse actions

(1)

This clause states the adverse actions that each party can reasonably be expected to take in relation to an individual as a result of the sharing of personal information under the agreement.

(2)

The Registrar-General can reasonably be expected to do any of the following:

(a)

decline to provide an identity service, including, for example, declining to—

(i)

register an individual as a New Zealand citizen by birth; or

(ii)

register parents’ details; or

(iii)

register or record a life event; or

(iv)

issue a certificate; or

(v)

provide a copy of a source document; or

(vi)

issue a marriage or civil union licence; or

(vii)

register a name in respect of an individual:

(b)

exercise the Registrar-General’s powers to correct information held by the Registrar-General:

(c)

conduct civil proceedings in relation to a refusal to provide an identity service.

(3)

DIA can reasonably be expected to—

(a)

decline to provide identity services, including, for example, declining to—

(i)

register an individual as a New Zealand citizen by descent; or

(ii)

issue a New Zealand passport or any other travel document:

(b)

perform and exercise other functions and powers under the Citizenship Act 1977, including—

(i)

removing an individual’s name from a citizenship register in circumstances where it has been erroneously registered:

(ii)

providing adverse advice to the Minister of Internal Affairs in relation to an application for an evidentiary certificate of citizenship:

(iii)

providing adverse advice to the Minister of Internal Affairs in relation to an application for the grant of citizenship:

(iv)

providing adverse advice to the Minister of Internal affairs in relation to a potential deprivation of New Zealand citizenship:

(v)

causing an appropriate entry to be inserted on the deprivations or renunciations register (as applicable) if a citizen has renounced citizenship or been deprived of citizenship by the Minister:

(c)

perform and exercise other functions and powers under the Passports Act 1992, including—

(i)

cancelling an existing New Zealand passport or other travel document:

(ii)

issuing a passport for a period shorter than the standard duration:

(d)

investigate any matter that may constitute an offence under any legislation administered by DIA and prosecute the offence or report any suspected offence to the New Zealand Police:

(e)

conduct civil proceedings in relation to the deprivation of an individual’s citizenship or a refusal to provide an identity service.

14 Procedure before adverse action taken

(1)

Before a party takes an adverse action as a result of the sharing of personal information under the agreement, the party must take reasonable steps to confirm the accuracy of the information.

(2)

The agreement provides that a party will not provide notice of an adverse action under section 96Q of the Act if the personal information shared relates to a situation where a party has reasonable grounds to suspect that an offence has been committed or will be committed and the personal information is relevant to the prevention, detection, investigation, or prosecution of an offence.

Miscellaneous

15 How to access agreement

(1)

A copy of the agreement is available online at http://www.dia.govt.nz

(2)

A copy of the agreement is also available at DIA, 45 Pipitea Street, Thorndon, Wellington 6011.

16 Schedule 2A of Privacy Act 1993 amended

(1)

This clause amends the Privacy Act 1993.

(2)

In Schedule 2A, after the item relating to the information sharing agreement between the Ministry of Justice and the Crown Law Office, insert the item set out in Schedule 3 of this order.

Schedule 1 Personal information that may be shared by Registrar-General

cl 8(1)

ItemInformationDescription
1Birth information

Information that is required by section 67 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 to be contained in a person’s birth certificate (and excluding any information protected by sections 63 to 66 of that Act)

2Death informationInformation that is required by section 69 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 to be contained in a person’s death certificate
3Marriage information

Information that is required by section 70 of the Births, Deaths, Marriages, and Relationships Registration Act 1995 to be contained in a marriage certificate

4Civil union information

Information that is required by section 70A of the Births, Deaths, Marriages, and Relationships Registration Act 1995 to be contained in a person’s civil union certificate

5Name change information

Information that is required by section 70B of the Births, Deaths, Marriages, and Relationships Registration Act 1995 to be contained in an individual’s name change certificate

6Overseas death information

Information relating to the death outside New Zealand of an individual whose birth is registered under the Births, Deaths, Marriages, and Relationships Registration Act 1995

7Overseas name change information

Information relating to the name change outside New Zealand of an individual whose birth is registered under the Births, Deaths, Marriages, and Relationships Registration Act 1995

8Overseas marriage or civil union informationInformation relating to an individual’s marriage or civil union outside New Zealand or the dissolution of an individual’s marriage or civil union outside New Zealand
9Celebrant information

Information that relates to an individual’s appointment or authorisation to act as a celebrant

10Communications information

Details of information provided by an individual to the Registrar-General, including details of any meetings, telephone calls, emails, or letters

11Customer alerts

An alert that indicates that the Registrar-General holds personal information about an individual that is of some concern or that indicates that particular care needs to be taken when providing an identity service to that individual, including alerts that indicate that—

(a)

the individual is under investigation; or

(b)

information about the individual provided to the Registrar-General has not yet been registered; or

(c)

the individual’s appearance has changed

12Contact details

Information that may be used to contact an individual, including any phone numbers, postal addresses, email addresses, or social media account details, and information about the individual’s preferred communication medium

Schedule 2 Personal information that may be shared by DIA

cl 8(2)

ItemInformationDescription
1Citizenship information

Information relating to the acquisition or loss of citizenship by, or citizenship status of, any individual, including any information relating to—

(a)

the grant of New Zealand citizenship to an individual:

(b)

whether an individual—

(i)

is a New Zealand citizen by birth:

(ii)

is a New Zealand citizen by descent:

(iii)

is a New Zealand citizen by grant:

(iv)

is a New Zealand citizen otherwise than by descent:

(v)

has had their New Zealand citizenship confirmed under the Citizenship Act 1977 or under another Act:

(vi)

has renounced, or been deprived of, their New Zealand citizenship under the Citizenship Act 1977

2New Zealand passport information

Information relating to an individual’s New Zealand passport history, including any information provided in any applications by the individual for a New Zealand passport

3New Zealand emergency travel document information

Information relating to an individual’s New Zealand emergency travel document history, including any information relating to any applications by the individual for a New Zealand emergency travel document

4New Zealand certificate of identity information

Information relating to an individual’s New Zealand certificate of identity history, including any information relating to any applications by the individual for a New Zealand certificate of identity

5New Zealand refugee travel document information

Information relating to an individual’s New Zealand refugee travel document history, including any information relating to any applications by the individual for a New Zealand refugee travel document

6Communications information

Details of information provided by an individual to DIA, including details of any meetings, telephone calls, emails, or letters

7Customer alerts

An alert that indicates that DIA holds personal information about an individual that is of some concern or that indicates that particular care needs to be taken when providing an identity service to that individual, including alerts that indicate that—

(a)

the individual is under investigation; or

(b)

information about the individual provided to DIA has not yet been registered; or

(c)

the individual’s appearance has changed

8Contact details

Information that may be used to contact an individual, including any phone numbers, postal addresses, email addresses, or social media account details, and information about the individual’s preferred communication medium

Schedule 3 Amendment to Schedule 2A of Privacy Act 1993

cl 16

Information Sharing Agreement between Department of Internal Affairs and Registrar-General made on 14 November 2018
(a)

the efficient provision of identity services:

(b)

the prevention, detection, investigation, and prosecution of offences:

(c)

the conduct of civil proceedings.

https://www.dia.govt.nz/Department of Internal Affairs
(a)

birth information:

(b)

death information:

(c)

marriage information:

(d)

civil union information:

(e)

name change information:

(f)

celebrant information:

(g)

overseas death information:

(h)

overseas name change information:

(i)

overseas marriage and civil union information:

(j)

citizenship information:

(k)

New Zealand passport information:

(l)

New Zealand emergency travel document information:

(m)

New Zealand certificate of identity information:

(n)

New Zealand refugee travel document information:

(o)

communications information:

(p)

customer alerts:

(q)

contact details.

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 17 January 2019, approves an information sharing agreement entered into under the Privacy Act 1993 (the Act) between the Department of Internal Affairs (DIA) and the Registrar-General.

Under the Agreement, the Registrar-General and DIA can share personal information. The Registrar-General may share with DIA the information listed in the second column of Schedule 1 and described in the third column of that schedule. DIA may share with the Registrar-General the information listed in the second column of Schedule 2 and described in the third column of that schedule. The personal information that can be shared includes information relating to an individual’s birth, death, marriage, civil union, name-changes, citizenship, travel documents, contact details, and communications with the Registrar-General or DIA.

The sharing of this information between the Registrar-General and DIA is intended to facilitate the efficient provision of identity services, the prevention, detection, investigation, and prosecution of offences, and the conduct of civil proceedings.

This order inserts into Schedule 2A of the Act information regarding the agreement that is required to be inserted under section 96L of the Act.

Regulatory impact assessment

The Department of Internal Affairs produced a regulatory impact assessment to help inform the decisions taken by the Government relating to the contents of this instrument.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 20 December 2018.

This order is administered by the Department of Internal Affairs.