The Privacy Commissioner, John Edwards, is proposing to amend the Health Information Privacy Code (HIPC) 1994, the Telecommunications Information Privacy Code (TIPC) 2003 and the Credit Reporting Privacy Code (CRPC) 2004, to align the privacy codes with changes set out in the Intelligence and Security Act 2017.
Section 315 of the Intelligence and Security Act amends section 57 of the Privacy Act 1993 so that the current exemption intelligence and security agencies have from complying with principle 11 will no longer apply.
Section 314 of the Intelligence and Security Act amends principle 11 of the Privacy Act, and adds a specific exception covering disclosure of information to the intelligence and security agencies.
Changes to the Privacy Act as a result of the Intelligence and Security Act will take effect from 28 September 2017.
The Commissioner proposes that rule 11 in the HIPC, TIPC, and CRPC are also changed, to enable personal; health; telecommunications, or credit information to be disclosed to an intelligence or security agency if the disclosure is necessary to enable an intelligence and security agency to perform any of its functions.
The Commissioner invites public submissions on how the codes should be aligned with the Privacy Act, as well as the placement of the amendments in the HIPC and the CRPC.
Submissions will close on 25 June 2017.
A copy of the amendment, with an explanatory information paper, is available at: https://privacy.org.nz/the-privacy-act-and-codes/codes-consultation/