Part 1 s 10 Privacy Act 2020 Version as at 6 December 2023 10 Personal information held by agency if held by officer, employee, or member of agency (1) For the purposes of this Act, personal information held by a person in the per‐ son’s capacity as an officer, an employee, or a member of an agency is to be treated as being held by the agency. (2) However, subsection (1) does not apply to— (a) (b) (3) personal information held by an officer, an employee, or a member of a public sector agency (A) if— (i) the information is held only because of the person’s connection with a private sector agency; and (ii) that connection is not in the person’s capacity as an officer, an employee, or a member of A; or personal information held by an officer, an employee, or a member of a private sector agency (B) if— (i) the information is held only because of the person’s connection with another agency (whether a public sector agency or private sector agency); and (ii) that connection is not in the person’s capacity as an officer, an employee, or a member of B. Despite subsection (1), information that is held by an employee of a depart‐ ment carrying out the functions of a departmental agency must be treated for the purposes of this Act as held by the departmental agency. Compare: 1993 No 28 s 3(1)–(3) Section 10(3): inserted, on 7 August 2020, by section 126 of the Public Service Act 2020 (2020 No 40). 11 Personal information treated as being held by another agency in certain circumstances (1) This section applies if an agency (A) holds information for or on behalf of another agency (B) (for example, the information is held by A as a representa‐ tive or agent of B, or for safe custody or processing on behalf of B). (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— (5) 18 (a) is outside New Zealand; or (b) holds the information outside New Zealand. To avoid doubt, if, under subsection (2), B is treated as holding personal infor‐ mation,—