Privacy Act 1993

  • repealed
  • Privacy Act 1993: repealed, on 1 December 2020, by section 216(1) of the Privacy Act 2020 (2020 No 31).
3 Information held by agency

(1)

Subject to subsection (2), information that is held by an officer or employee or member of an agency in that person’s capacity as such an officer or employee or member or in that person’s capacity as a statutory officer shall be deemed, for the purposes of this Act, to be held by the agency of which that person is an officer or employee or member.

(2)

Nothing in subsection (1) applies in respect of any information that any officer or employee or member of a public sector agency would not hold but for that person’s membership of, or connection with, a body other than a public sector agency, except where that membership or connection is in that person’s capacity as an officer or an employee or a member of that public sector agency or as a statutory officer.

(3)

Nothing in subsection (1) applies in respect of any information that any officer or employee or member of any agency (not being a public sector agency) would not hold but for that person’s membership of, or connection with, any other agency, except where that membership or connection is in that person’s capacity as an officer or an employee or a member of that first-mentioned agency.

(4)

For the purposes of this Act, where an agency holds information—

(a)

solely as agent; or

(b)

for the sole purpose of safe custody; or

(c)

for the sole purpose of processing the information on behalf of another agency,—

and does not use or disclose the information for its own purposes, the information shall be deemed to be held by the agency on whose behalf that information is so held or, as the case may be, is so processed.

(5)

Despite subsection (1), information that is held by an employee of a department carrying out the functions of a departmental agency must be treated for the purposes of this Act as held by the departmental agency.

Compare: 1982 No 156 s 2(2)–(4)

Section 3(5): inserted, on 7 August 2020, by section 120 of the Public Service Act 2020 (2020 No 40).