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Privacy Act 2020

The Commissioner has a responsibility under the Privacy Act to examine proposed legislation that may involve information matching. He makes recommendations about other changes to the information matching provisions or to the rules in Schedule 6. 

The Commissioner also periodically reviews information matching legislative proivisions to assess their continuing justification for existence, as required under sections 184 and 185 of the Privacy Act.

Reviews of proposed information matches
Reports of general inquiries into information matches
Annual reports on operating matches
Periodic reviews of information matching provisions

REVIEWS OF PROPOSED INFORMATION MATCHES

The Commissioner reports on information matching proposals and on the operation of information matches.

These reports were made under section 13(1)(f) of the Privacy Act 1993.

1. Accident Insurance Bill 1998 Report by the Privacy Commissioner to the Minister of Justice on an examination of clause 327 of the Accident Insurance Bill to establish an information matching programme to identify uninsured employers: 23 November 1998. [A match between the Inland Revenue Department and the Accident Insurers Regulator operated from 1999/2000 to 2001/2002].

2. Courts and Criminal Matters Bill 2003 Report by the Privacy Commissioner to the Minister of Justice in relation to the Courts and Criminal Matters Bill: 3 November 2003. See also: Customs/Justice Fines Defaulters See also: IR/Justice Fines Defaulters Tracing

3. Education Amendment Bill (no. 2) 2010 Proposed information match between the Ministry of Education and the Teachers Council: 21 August 2009. See also: MoE/Teachers Council Registration

4. Electoral (Administration) Amendment Bill (no. 2) 2010 Final Government response to the Justice and Electoral Committee inquiry into the 2008 General Election: 21 June 2010. [Proposed information match between DIA (Passports) and the Electoral Enrolment Centre].

5. Electoral (Disqualification of Convicted Prisoners) Amendment Bill 2010 Submission by the Privacy Commissioner to the Law and Order Select Committee: 11 June 2010. [Amendment of elector qualification criteria. The information transfer is handled as an information sharing arrangement rather than as an authorised information match and as such is not reported upon by OPC].

6. Electoral Reform Bill 1995 Report by the Privacy Commissioner to the Minister of Justice in relation to a proposed information matching programme contained in the Electoral Reform Bill: 3 October 1995. See also: INZ/EEC Unqualified Voters

7. Housing Restructuring and Tenancy Matters (Information Matching) Amendment Bill 2006 Report by the Privacy Commissioner to the Social Services Committee in relation to an information matching programme proposed to be authorised by new section 68 of the Housing Restructuring and Tenancy Matters Act 1992: 28 April 2006. See also: HNZ/MSD Benefit Eligibility

8. Monetary Penalties Enforcement Bill 1997 Report by the Privacy Commissioner to the Minister of Justice on an examination of a proposal to amend section 126A of the Society Security Act 1964: 19 August 1997. [Allowing the Department of Social Welfare to disclose beneficiaries' telephone numbers to the Department for Courts]. See also: MSD/Justice Fines Defaulters Tracing

9. Social Security Amendment Act 1996 [initially in: Tax Reduction and Social Policy Bill 1996] Report by the Privacy Commissioner to the Minister of Justice on the proposed information matching provision contained in clause 116 of the Tax Reduction and Social Policy Bill (The NZES/NZISS Match) : 28 April 1996. (NZES = NZ Employment Service (Department of Labour); NZISS = NZ Income Support Service (Ministry of Social Development)). [The NZES/MSD Eligibility Match operated from 1 April 1997 until repealed on 1 October 1998 by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No. 96)].

10. Social Security Amendment Bill 1997 Report by the Privacy Commissioner to the Minister of Justice on the Social Security Amendment Bill concerning the information match between the Departments of Social Welfare and Labour pursuant to section 131A of the Social Security Act 1964 : 29 April 1997. [The NZES/MSD Eligibility Match operated from 1 April 1997 until repealed on 1 October 1998 by section 11 of the Employment Services and Income Support (Integrated Administration) Act 1998 (1998 No. 96)].

11. Social Security Amendment Act (no 4) 1996 Report by the Privacy Commissioner to the Minister of Justice on a proposed information matching programme between the Department for Courts and the Department of Social Welfare on an examination of section 126A of the Social Security Act: 30 July 1996. See also: MSD/Justice Fines Defaulters Tracing

12. Social Welfare (Transitional Provisions) Amendment Bill 2000 Report by the Privacy Commissioner to the Minister of Justice on Mutual assistance in social security: international exchange of personal information in relation to the Social Welfare (Transitional Provisions) Amendment Bill : 11 April 2000. See specific country agreements: Netherlands Australia Croatia

13. Social Security Act 2018 (Part 6 Administration: Subpart 7 Reciprocity agreements with other countries)

a. Exchange of social security information with the Netherlands Report by the Privacy Commissioner to the Ministers of Justice and Social Development & Employment pursuant to section 19(2A) of the Social Welfare (Transitional Provisions) Act 1990 in relation to mutual assistance provisions in the revised reciprocity agreement on social security between New Zealand and the Netherlands: 3 July 2003. See also: Netherlands/MSD Change in Circumstances See also: Netherlands/MSD Debt Recovery See also: Netherlands/MSD General Adjustment See also: IR/MSD (Netherlands) Tax Information

b. Revised New Zealand-Australia Society Security Agreement Report by the Privacy Commissioner to the Ministers of Justice and Social Services pursuant to section 19(2A) of the Social Welfare (Transitional Provisions) Act 1990 in relation to the mutual assistance provisions in the revised reciprocity agreement on social security between New Zealand and Australia: 18 April 2002. See also: Centrelink/MSD Change in Circumstances See also: Centrelink/MSD Periods of Residence

c. Proposed information exchange between Croatia and the Ministry of Social Development : 30 March 2011 [Proposed information match - not yet operational].

d. Report to the Minister of Justice on the proposed social security reciprocity agreement with Malta: 16 April 2013

e. Report to the Minister of Justice on the proposed information exchange between Italy and the Ministry of Social Development: 26 August 2014

f. Report to the Minister of Justice on the proposed social security reciprocity agreement with South Korea: 7 September 2017

14. Student Loan Scheme Amendment Bill (no 2) 2006 Report by the Privacy Commissioner to the Minister of Justice in relation to an information matching programme proposed to be authorised by new section 280H of the Customs and Excise Act 1996 and new section 62A of the Student Loan Scheme Act 1992: 28 February 2007. See also: Customs/IR Student Loan Interest

15. Tax Reduction and Social Policy Bill 1996 Report by the Privacy Commissioner to the Minister of Justice in relation to the proposed information matching provision contained in clause 71 of the Tax Reduction and Social Policy Bill (The ACC/IRD Match): 26 April 1996. [The ACC/IRD Child Tax Credit Match - never run]. See also: Social Security Amendment Act 1996 - above.

REPORTS OF GENERAL INQUIRIES INTO INFORMATION MATCHES

These reports were made under section 13(1)(m) of the Privacy Act 1993.

1. Unauthorised information matching between Department for Courts and Motor Vehicle Register Report by the Privacy Commissioner to the Ministers of Justice, Courts and Transport in relation to an inquiry into events surrounding an unauthorised information matching programme operated in mid-1998: 25 August 2000.

PERIODIC REVIEWS OF INFORMATION MATCHING PROVISIONS

These reports were made under section 106 of the Privacy Act 1993.

1. Income Support Matches (21 May 1999) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the following information matches:

  • Customs Match
  • Commencement-Cessation Match

2. Social Welfare and ACC Matches (16 May 2002) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the following information matching provisions:

  • Penal Institutions Act 1954, section 36F
  • Tax Administration Act 1994, section 82
  • Tax Administration Act 1994, section 83
  • Immigration Act 1987, section 141A

3. Social Welfare, Unqualified Voters and Fines Defaulters Matches (April 2011) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the following information matching programmes:

  • IR/MSD Debtors Tracing
  • MSD/IR Working for Families Tax Credits Double Payment
  • INZ/EEC Unqualified Voters
  • MSD/Justice Fines Defaulters Tracing

4. Unenrolled Voters matches (August 2011) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the following information matching programmes:

  • NZTA/EEC Unenrolled Voters
  • MOT/EEC Unenrolled Voters
  • MSD/EEC Unenrolled Voters
  • Citizenship/EEC Unenrolled Voters

5. Immigration and Justice Matches (September 2012) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the following information matching programmes:

  • BDM(Deaths)/INZ Deceased Temporary Visa Holders
  • Citizenship/INZ Entitlement to Reside
  • Corrections/INZ Prisoners
  • Customs/Justice Fines Defaulters Alerts
  • INZ/Justice Fines Defaulters Tracing
  • IR/Justice Fines Defaulters Tracing

6. Integrity Intervention Matches (July 2013) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the following authorised information matching programmes:

  • ACC/MSD Benefit Eligibility
  • BDM/MSD Deaths
  • BDM/MSD Identity Verification
  • BDM/MSD Marriages
  • Corrections/MSD Prisoners
  • Customs/MSD Arrivals and Departures
  • HNZ/MSD Benefit Eligibility
  • IR/MSD Commencement Cessation Benefits
  • IR/MSD Commencement Cessation Students

7.  Australia and the Netherlands Matches (July 2013) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the following information matching programmes:

  • Centrelink/MSD Change in Circumstances
  • Centrelink/MSD Periods of Residence
  • Netherlands (SVB)/MSD Change in Circumstances
  • Netherlands (SVB)/MSD General Adjustment
  • Netherlands (SVB)/MSD Debt Recovery
  • IRD/MSD (SVB) Tax Information

8.  MSD Studylink Matches (January 2014) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • Educational Institutions/MSD (StudyLink) Loans and Allowances
  • MoE/MSD (StudyLink) Results of Study

9.  MSD, MoE and ACC Matches (July 2014) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • IR/MSD Community Service Card
  • Employers/MSD s11A Social Security Act
  • BDM/Births/MoE Student Birth Confirmation
  • Corrections/ACC Prisoners
  • IR/ACC Levies and Compensation

10. Passports and Citizenship (July 2014) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • BDM/DIA Passports
  • Citizenship/DIA Passports
  • Births & Marriages/Citizenship Applications
  • Citizenship/BDM Citizenship by Birth

11. MBIE, IR and NZTA Matches (August 2014) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • Customs/IR Child Support Alerts
  • Customs/IR Student Loan Interest
  • MSD/IR Working For Families Tax Credits Administration
  • Customs/MBIE Motor Vehicle Traders Imports
  • NZTA/MBIE Motor Vehicle Traders Sellers
  • BDM/NZTA Deceased Driver Licence Holders 

12.  Superannuation and NHI Matches (January 2015) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • Deaths/GSF Deceased Persons
  • Deaths/NPF Deceased Persons
  • Births/MoH, NHI and Mortality
  • Deaths/MoH, NHI and Mortality

13.  Ministry of Education/NZ Teachers' Council Registration Matches (July 2015) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • Ministry of Education/Teachers' Council Registration
       

14. Unqualified Voters, Justice Fines Defaulters and Working for Families Matches (June 2016) Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • Electoral Act 1993, section 263A (INZ/EC Unqualified Voters)
  • Social Security Act 1964, section 126A (MSD/Justice Fines Defaulters Tracing)
  • Tax Administration Act 1994, section 84 (MSD/IR Working for Families Tax Credits Double Payment)

15. Unenrolled Voters Programme, INZ/MoH Publicly Funded Health Eligibility Programme Matches (August 2016) 

Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • Electoral Act 1993 section 263B
  • Immigration Act 2009 section 300


16.  Review of statutory authorities for information matching (September 2017)

Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of seven information matches.

Births, Deaths, Marriages, and Relationships Registration Act 1995, s78A

  • BDM/MSD Overseas Born Name Change
  • BDM(Deaths)/INZ Deceased Temporary Visa Holders

Citizenship Act 1977, s26A

  • Citizenship/INZ Entitlement to Reside

Corrections Act 2004, s181

  • Corrections/INZ Prisoners

Customs and Excise Act 1996, s280

  • Customs/Justice Fines Defaulters Alerts

Immigration Act 2009, s295

  • INZ/Justice Fines Defaulters Tracing

Tax Administration Act 1994, s85A

  • IR/Justice Fines Defaulters Tracing

17.  Identity Verification Service Matching Programme (April 2018)

Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 on the Identity Verification Service enabling provision: Electronic Identity Verification Act 2012, s.39.

18. Unused Matching Provisions

Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of unused information matching provisions.

  • Accident Compensation Act 2001: sections 280 and 343 (preserving sections 370 and 371 of the Accident Insurance Act 1998)
  • Births, Deaths, Marriages, and Relationships Registration Act 1995: sections 78A and 78B
  • Citizenship Act 1977: section 26A
  • Corrections Act 2004: section 182
  • Customs and Excise Act 1996: section 280L
  • Housing Restructuring and Tenancy Matters Act 1992: section 68
  • Immigration Act 2009: sections 298 and 299
  • Social Security Act 1964: sections 11A and 126AB
  • Tax Administration Act 1994: sections 46A and 85H. 

19. Review of statutory authorities for information matching: Four Inland Revenue matches (November 2018)

Report by the Privacy Commissioner pursuant to section 106 of the Privacy Act 1993 on provisions authorising four Inland Revenue matches:

  • Births, Deaths, Marriages, and Relationships Registration Act 1995, section 78A
  • Customs and Excise Act 1996, section 280H
  • Student Loan Scheme Act 2011, section 208
  • Customs and Excise Act 1996, section 280K

20. Ministry of Social Development international social welfare reciprocity agreements

Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 (July 2019)

21. Ministry of Social Development information matching; review of statutory authorities for information matching. 

Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 (September 2019)

22. Accident Compensation Corporation, Department of Internal Affairs, and Ministry of Business, Innovation and Employment (Motor Vehicle Traders Register) information matching.

Review of statutory authorities for information matching, pursuant to section 106 of the Privacy Act 1993, (February 2020)

23. Department of Internal Affairs, Government Super Fund, Ministry of Education, Ministry of Health, National Provident Fund and New Zealand Transport Agency information matching.

Review of statutory authorities for information matching: review of statutory authorities for information matching, pursuant to section 106 of the Privacy Act 1993, (July 2020)

24. Ministry of Education/ Teaching Council Teacher Registration Information Matching. 

Review of statutory authorities for information matching, pursuant to section 106 of the Privacy Act 1993, (September 2020)

25. Electoral Act 1993, Sections 263A and 263B

Review of statutory authorities for information matching: Electoral Act 1993, sections 263A and 263B (June 2021)

26. Births, Deaths, Marriages, and Relationships Registration Act 1995, section 78A; Immigration Act 2009, section 300; Social Security Act 2018, schedule 6, clause 13

Review of statutory authorities for information matching: Births, Deaths, Marriages, and Relationships Registration Act 1995, section 78A; Immigration Act 2009, section 300; and Social Security Act 2018, schedule 6, clause 13 (June 2021)

  1. Report by the Privacy Commissioner to the Minister of Justice in relation to a review of the operation of five information matching provisions

Review of statutory authorities for information matching: Births, Deaths, Marriages, and Relationships Registration Act 1995, section 78A; Citizenship Act 1977, section 26A; Corrections Act 2004, section 181 and Immigration Act 2009, section 294; Customs and Excise Act 2018, section 310; Immigration Act 2009, section 295; Tax Administration Act 1994, Schedule 7 Part C subpart 2 clause 43 (September 2022). 

28. Report by the Privacy Commissioner to the Minister of Justice  on the Identity Verification Service enabling provision: Electronic Identity Verification Act 2012, s. 39 (April 2023) 

Review of the operation of each information matching provision which is subject to Part 7 Subpart 4 of the Privacy Act 2020, at intervals of not more than 5 years. The review considers whether the authority conferred by each provision should be continued; and any amendments to the provision are necessary or desirable.

29. Review of a statutory authority for information matching: Immigration Act 2009, s 295 (August 2023)

Review of the ongoing value and suitability of the Immigration Act 2009, s 295 information matching provision. The review considers whether this pracitce should be continued.