Version as at
6 December 2023
Privacy Act 2020
Part 3 s 22
(ii)
(2)
(1)
(2)
(3)
is to be used for statistical or research purposes and will
not be published in a form that could reasonably be expec‐
ted to identify the individual concerned; or
(i)
that the disclosure of the information is necessary to facilitate
the sale or other disposition of a business as a going concern.
This IPP is subject to IPP 12.
Information privacy principle 12
Disclosure of personal information outside New Zealand
An agency (A) may disclose personal information to a foreign person or
entity (B) in reliance on IPP 11(1)(a), (c), (e), (f), (h), or (i) only if—
(a)
the individual concerned authorises the disclosure to B after
being expressly informed by A that B may not be required to
protect the information in a way that, overall, provides compar‐
able safeguards to those in this Act; or
(b)
B is carrying on business in New Zealand and, in relation to the
information, A believes on reasonable grounds that B is subject
to this Act; or
(c)
A believes on reasonable grounds that B is subject to privacy
laws that, overall, provide comparable safeguards to those in this
Act; or
(d)
A believes on reasonable grounds that B is a participant in a pre‐
scribed binding scheme; or
(e)
A believes on reasonable grounds that B is subject to privacy
laws of a prescribed country; or
(f)
A otherwise believes on reasonable grounds that B is required to
protect the information in a way that, overall, provides compar‐
able safeguards to those in this Act (for example, pursuant to an
agreement entered into between A and B).
However, subclause (1) does not apply if the personal information is to
be disclosed to B in reliance on IPP 11(1)(e) or (f) and it is not reason‐
ably practicable in the circumstances for A to comply with the require‐
ments of subclause (1).
In this IPP,—
prescribed binding scheme means a binding scheme specified in regu‐
lations made under section 213
prescribed country means a country specified in regulations made
under section 214.
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