Intelligence and Security Act 2017

  • not the latest version
203 Provision of information to Committee

(1)

If the Director-General of an intelligence and security agency or any other person is asked by the Committee to disclose any document or other information in his or her possession that is relevant to the matters being considered by the Committee, the Director-General or other person must, subject to subsections (2) and (3),—

(a)

arrange for that document or information to be made available to the Committee; or

(b)

inform the Committee that the document or information cannot be disclosed because, in the opinion of the Director-General of the relevant intelligence and security agency, that document or information is sensitive information.

(2)

The fact that any particular document or information is sensitive information does not prevent the disclosure of the document or information under subsection (1)(a) if,—

(a)

in any case where the document or information is in the possession or under the control of the Director-General of an intelligence and security agency, the Director-General considers it safe to disclose it; or

(b)

in any case where the document or information is in the possession or under the control of any other person, the Director-General of the relevant intelligence and security agency considers it safe to disclose it.

(3)

If any document or information is sensitive information within the meaning of that term in section 202(1) and (2)(a), (b), or (c), that document or information must be disclosed to the Committee if the Prime Minister considers that the disclosure is desirable in the public interest.

(4)

If any document or other information that has a security classification is provided to the Committee, the Committee must ensure that the document or information—

(a)

is kept in safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies; and

(b)

is returned to the originating intelligence and security agency when no longer required by the Committee.

(5)

If the Committee is responsible for the production of a document that has a security classification, the Committee must ensure that the document is kept in safe custody in accordance with the requirements applying to the safe custody of documents in the intelligence and security agencies.

Compare: 1996 No 46 s 17