11 Personal information treated as being held by another agency in certain circumstances

(1)

This section applies if an agency (A) holds information as an agent for another agency (B) (for example, the information is held by A on behalf of B for safe custody or processing).

(2)

For the purposes of this Act, the personal information is to be treated as being held by B, and not A.

(3)

However, the personal information is to be treated as being held by A as well as B if A uses or discloses the information for its own purposes.

(4)

For the purposes of this section, it does not matter whether A—

(a)

is outside New Zealand; or

(b)

holds the information outside New Zealand.

(5)

To avoid doubt, if, under subsection (2), B is treated as holding personal information,—

(a)

the transfer of the information to A by B is not a use or disclosure of the information by B; and

(b)

the transfer of the information, and any information derived from the processing of that information, to B by A is not a use or disclosure of the information by A.

Compare: 1993 No 28 s 3(4)