IPP 11 and IPP 12

Question 1

What does IPP 12 relate to?

Answer 1

Disclosure of PI outside NZ. An agency can only rely on the disclosure principles in IPP11 if IPP 12(1) applies

Question 2

What are the situations in IPP 12(1) when PI may be disclosed overseas?

Answer 2

(a) individual consents to non-comparable PII protection
(b) recipient carries on business in NZ and discloser reasonably believes recipient is subject to PA 2020
(c) discloser believes on reasonable grounds that recipient is subject to laws comparable to PA 2020
(d) discloser believes on reasonable grounds that recipient is subject to a binding scheme
(e) discloser believes on reasonable grounds that recipient is subject to laws of a prescribed country
(f) discloser believes on reasonable grounds that recipient is otherwise subject to laws comparable to PA 2020 (under contract for example)

Question 3

What’s a “binding scheme”?

Answer 3

An internationally recognised scheme in which the participants agree to be bound by:
(a) specified measures for protecting personal information that is collected, held, used, and disclosed; and
(b) mechanisms for enforcing compliance with those measures

Question 4

What’s a “prescribed country”?

Answer 4

A country prescribed by the Minister by regulations made under s214 if satisfied that the it has privacy laws with comparable safeguards to the PA 2020

Question 5

What does IPP 11 relate to?

Answer 5

Limits on disclosure of personal information

Question 6

Under IPP 11, when can PI be disclosed?

Answer 6

If discloser believes on reasonable grounds that:
(a) disclose is for the purpose the PI was collected or is directly related to that purpose
(b) and (c) to, or as authorised by, the subject
(d) PI comes from a public source
(e), (f) and (g) for legal, health and security reasons
(h) the PII is anonymised
(i) as needed for the sale of a business