Policing Amendment Act 2015

1: Title
This Act is the Policing Amendment Act 2015.
2: Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3: Principal Act
This Act Policing Act 2008 principal Act 2015-11-07 Policing Act 2008
4: New sections 95A to 95F and cross-heading inserted
After section 95 International policing: information sharing to assist corresponding overseas agency
95A: Interpretation
In this section and in sections 95B to 95F agency-to-agency agreement biometric information
a: fingerprints:
b: palm-prints:
c: an iris scan corresponding overseas agency
a: means an overseas person, body, or agency that is empowered to perform functions that correspond, wholly or partly, to any of the functions set out in section 9; and
b: includes Interpol and every overseas person, body, or agency appointed under article 32 of the constitution of Interpol to co-operate with Interpol international disclosure instrument
a: an international arrangement or agreement to which the Government of New Zealand is a party; or
b: an agency-to-agency agreement; or
c: the constitution of Interpol and any instrument adopted under article 44 of that constitution Interpol personal information
95B: Disclosure of personal information
1: If the requirements of this section are met, the Commissioner may disclose any personal information held by the Police to a corresponding overseas agency.
2: The disclosure of the personal information must be reasonably necessary to enable the corresponding overseas agency to perform a function in its jurisdiction that the Police perform in New Zealand under section 9.
3: Personal information under this section may be disclosed only—
a: in accordance with an international disclosure instrument; or
b: in accordance with directions issued by the Commissioner under section 95C
4: For the purposes of this section, personal information may be disclosed to a corresponding overseas agency by disclosing the information to an overseas person, body, or agency that is authorised to act on behalf of the corresponding overseas agency.
5: Subsections (1) to (4)
6: For the purposes of Part 8 of the Privacy Act 1993, a person is taken to have breached an information privacy principle under section 66(1)﻿(a)﻿(i) of that Act if the person contravenes a provision of this section.
95C: Commissioner may issue directions to certain Police employees
1: The Commissioner may issue written directions relating to the disclosure of personal information outside of an international disclosure instrument under section 95B
2: The directions must identify authorised Police employees but need not identify particular individuals and may instead identify the positions that the employees hold or the groups to which they belong.
3: Without limiting the generality of subsection (1)
a: describe the circumstances in which personal information may be disclosed without a request from the corresponding overseas agency:
b: set out any criteria in addition to those stated in section 95B
95D: Agency-to-agency agreements subject to consultation with Privacy Commissioner
The Commissioner must consult the Privacy Commissioner before any agency-to-agency agreement is entered into or varied.
95E: Publication of certain agency-to-agency agreements and directions
1: As soon as practicable after an agency-to-agency agreement enters into force at any time after the commencement of this section, the Commissioner must make a copy of the agreement publicly available.
2: When an agency-to-agency agreement that is in effect before the commencement of this section is first reviewed following that commencement, the Commissioner must, as soon as practicable after that review, make a copy of the agreement (as modified or proposed to be modified by the review) publicly available.
3: As soon as practicable after issuing any directions under section 95C
4: However, this section does not apply to—
a: an agency-to-agency agreement, or to any directions, that may be withheld under the Official Information Act 1982 or whose existence need not be confirmed or denied under that Act:
b: any provision of an agency-to-agency agreement, or of any directions, that may be withheld under the Official Information Act 1982.
5: For the purposes of this section, a copy is publicly available
a: available for inspection, free of charge, at the Police National Headquarters on any working day; and
b: accessible, free of charge, on an Internet site maintained by or on behalf of the Commissioner.
95F: Saving for existing international disclosure instruments
1: Sections 95B to 95E
2: Despite subsection (1) sections 95B to 95E
3: Despite subsection (1)