This Act aims to protect the privacy and the fundamental rights of persons when their data is processed. The release of these documents is subject to a number of exemptions prescribed by the FOI Act that, depending on your circumstances, may limit the usefulness of the document to you. [14] In 1979, the Coalition for Open Government explicitly campaigned for greater access to official information as part of its opposition to Robert Muldoon's Think Big programme. Repealed by No 3 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, with effect from 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749). [88], In 2018 the New Zealand Council for Civil Liberties made a number of recommendations for reform of the Act, including expanding coverage to Parliament, companies in which the government has majority control, and quasi-judicial agencies such as the Independent Police Complaints Authority; greater proactive release; limiting commercial and legal withholding grounds; and various measures to reduce political interference with the operation of the Act. Conclusive reasons for agencies to withhold information include:[35], Other reasons to withhold information include:[37], These reasons must always be balanced against the public interest in release. 2 As soon as the reason for refusal, restriction or deferral ceases to apply, the federal bodies are bound by the duty to provide information unless compliance is not possible or possible only with disproportionate inconvenience or expense. The Ombudsman has extensive guidance available on public interest factors which may apply to any particular request, including transparency, participation, accountability, and the administration of justice. A few of the latter were implemented via a Statutes Amendment Bill in 2003, but core recommendations were not. The New Zealand Government is currently considering whether to hold a further review as part of its commitments under the Open Government Partnership. To maintain the constitutional conventions for the time being which protect the confidentiality of communications by or with the Sovereign or her representative. 5 Automated data processing must be terminated in every case if within five years of the pilot systems coming into operation no formal enactment has come in force that contains the required legal basis. [69][70][71] Then-Prime Minister John Key admitted explicitly delaying the release of information to suit the interests of the government,[72] while in another case the New Zealand Security Intelligence Service was found to have provided a speedy release to a blogger in order to embarrass the leader of the opposition.[73]. [84], The Law Commission reviewed the Act again in 2012, and recommended expanding the scope of the Act to cover the parliamentary service and remove inconsistencies, replacing the Ombudsman with a specialist Information Commissioner, and expanding the Act to cover proactive release, as well as a number of administrative and technical changes. 5 If the duty to provide information would compromise the competitiveness of a federal body, the Federal Council may limit the application of the duty to the collection of sensitive personal data and personality profiles. Most freedom of information (FOI) requests involve people seeking access to documents containing their personal information. BHUMIBOL ADULYADEJ, REX. 1 Amended by No 3 of the FA of 19 March 2010 on the Implementation of Framework Decision 2008/977/JHA on the protection of personal data processed in the framework of police and judicial cooperation in criminal matters, in force since 1 Dec. 2010 (AS 2010 3387 3418; BBl 2009 6749).2 Wording of sentence according to Annex No 26 of the Administrative Court Act of 17 June 2005, in force since 1 Jan. 2007 (AS 2006 2197 1069; BBl 2001 4202). 1 Inserted by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). 3 On the basis of his investigations, the Commissioner may recommend that the method of processing be changed or abandoned. 26) must be informed of the safeguards under paragraph 2 letter a and the data protection rules under paragraph 2 letter g. The Federal Council regulates the details of this duty to provide information. To maintain legal professional privilege. The federal bodies must assist in determining the facts of any case. He may only publish personal data subject to official secrecy with consent of the authority responsible. [46], If they find a complaint is justified, the Ombudsman can make formal recommendations, including to release information. 1 This Act is subject to an optional referendum. 5 It may conclude international treaties on data protection provided they comply with the principles of this Act. 2 The controller of a data file must notify the data subject:1. [67] However, there has been constant friction between requesters complaining that information is disclosed reluctantly and state agencies concerned about the time and cost of meeting requests. Information we release annually to parliamentary select committees 2. 1 Short title [see Note 1] This Act may be cited as the Freedom of Information Act 1982.. 2 Commencement [see Note 1] The several Parts of this Act shall come into operation on such respective dates as are fixed by … He informs the department concerned or the Federal Chancellery of his recommendation. 1 Personal data must be protected against unauthorised processing through adequate technical and organisational measures. As originally enacted,[20] the Act included a clause protecting information regarding "competitive commercial activities" by the government, and included no deadline for responding to requests. 2, 1991 362 No II 11 1034 No III, 1995 146, 1999 1111 2262 Annex No 1, 2000 1891 No IV 2, 2002 685 No I 1 701 No I 1 3988 Annex No 3, 2003 4557 Annex No II 2, 2004 1633 No I 1 4655 No I 1, 2005 5685 Annex No 2, 2006 979 Art. To maintain the constitutional conventions for the time being which protect collective and individual ministerial responsibility. 1 A data subject that credibly demonstrates a legitimate interest may request the federal body concerned to block the disclosure of certain personal data. 2 The Federal Council determines the date on which this Act comes into force. 1 Federal bodies may process personal data for purposes not related to specific persons, and in particular for research, planning and statistics, if: 2 The requirements of the following provisions need not be fulfilled: 1 If a federal body acts under private law, the provisions for the processing of personal data by private persons apply. The Data Protection Act 2018 controls how your personal information is used by organisations, businesses or the government. An additional clause protects the security and international relations of dependent territories such as, the information requested was supplied by another government in confidence, releasing the information would compromise the maintenance of the law, (including but not limited to the prevention, investigation, and detection of offences, and the, releasing the information would endanger a person's safety. Impact of compliance costs for beekeepers, processors and exporters . Environmental campaigns such as the Save Manapouri campaign and the passage of freedom of information legislation overseas created further pressure. [55], The Act initially included the creation and functions of an Information Authority, charged with managing the implementation of the Act. 2 Federal bodies must declare all their data files to the Commissioner in order to have them registered. The decision is communicated to the data subjects in the form of a ruling.3, 6 The Commissioner has a right of appeal against the ruling under paragraph 5 and against the decision of the appeal authority.4. This includes almost all government agencies, including ministries, intelligence agencies, hospitals, universities, schools, crown entities, and state-owned enterprises. 1 The Commissioner’s term of office may be extended twice.2, 1bis This term of office shall be extended automatically unless the Federal Council has issued an order based on materially adequate grounds that the term of office should not be extended.3. The Official Information Act 1982 (sometimes known by its acronym OIA) is a statute of the New Zealand Parliament which creates a public right of access to information held by government bodies. Section 2. 1 Legal protection is governed by the general provisions on the administration of federal justice. 1 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).2 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).4 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).5 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).6 SR 152.37 Inserted by No II 1 of the FA of 28 Sept. 2018 on the Implementation of Directive (EU) 2016/680 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, in force since 1 March 2019 (AS 2019 625; BBl 2017 6941). 1 Federal bodies may refuse, restrict or defer the provision of information subject to the requirements of Article 9 paragraphs 1 and 2. Section 2. [13] The review did not report back until 1997 due to the transition to MMP and recommended reducing the time limit for requests to 15 working days as well as a number of technical and administrative reforms. [90] Originally this was planned as a "targetted engagement" consulting handpicked stakeholders,[91] but after a public outcry a public consultation was held in March 2019. 1 Second sentence inserted by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). ", "THE OFFICIAL INFORMATION ACT AND PRIVACY: NEW ZEALAND'S STORY", "Listen to audio interview: Ex-govt lawyer's 'bury bad news' claim", "Media body takes aim at Govt OIA delay tactics", "Report into the release of information by the New Zealand Security Intelligence Service in July and August 2011", "Request for Treasury costings of interest-free student loans policy", "Legal professional privilege outweighed by significant public interest in release of information", "Controversial billionaire Peter Thiel made a Kiwi after two-week holiday", "Billionaire Trump Adviser Peter Thiel Bought His New Zealand Citizenship, Documents Show", "Defence Force admits book's location right, but denies civilian casualties", "Government to hold inquiry on Operation Burnham after allegations in book Hit & Run", The Public's Right to Know: Review of the Official Information Legislation, "Government Response to Law Commission Report on The Public's Right to Know: Review of the Official Information Legislation", "Official Information Act review finds no evidence of political interference", Not a game of hide and seek: Report on an investigation into the practices adopted by central government agencies for the purpose of compliance with the Official Information Act 1982, "Ministry to analyse public OIA submissions and report back to Justice Minister Andrew Little", "Decision on official information review stalled", "Government to rewrite Official Information Act", "Official Information Act 1982: A bibliography", "Towards Open Government: General Report", https://en.wikipedia.org/w/index.php?title=Official_Information_Act_1982&oldid=990811985, Short description is different from Wikidata, All Wikipedia articles written in New Zealand English, Pages using collapsible list with both background and text-align in titlestyle, Pages using a deprecated parameter in the legislation infobox, Creative Commons Attribution-ShareAlike License. 4 Actions on the enforcement of a right to information shall be decided by the courts in a simplified procedure under the Civil Procedure Code of 19 December 20083. 1 Repealed by No I of the FA of 24 March 2006, with effect from 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). This has led to a series of "practice investigations", aimed at improving general OIA practice across government. 1 Federal bodies may disclose personal data if there is legal basis for doing so in accordance with Article 17 or if:1. Official Information Act 1997 Official Information Act, B.E. 1 The Commissioner is appointed by the Federal Council for a term of office of four years. 2 He may also advise bodies of the Federal Administration even if, in accordance with Article 2 paragraph 2 letters c and d, this Act does not apply. Within a year of the commencement of this Act, the controllers of data files must take the required measures to inform data subjects in accordance with Article 4 paragraph 4 and Article 7a. 3 Third parties may claim the same justification as the instructing party. [43] Where any part of a request is refused, agencies are required to provide reasons, and advise the requester that they have the right to ask the Ombudsman to investigate whether or not that decision is justified under the provisions of the Act. 6 No one may waive the right to information in advance. 1 Repealed by Annex No I of the FA of 30 Sept. 2011 on Research involving Human Beings, with effect from 1 Jan. 2014 (AS 2013 3215; BBl 2009 8045). The Act does not apply to the courts, the Parliamentary Service, quasi-judicial agencies such as the Independent Police Conduct Authority and Inspector-General of Intelligence and Security, or to local government (which is covered by the Local Government Official Information and Meetings Act 1987). 4 The duty of the controller of the data file to provide information ceases to apply if the data subject has already been informed or, in cases under paragraph 3, if: 5 The controller of the data file may refuse, restrict or defer the provision of information subject to the requirements of Article 9 paragraphs 1 and 4. 5 In derogation from the provisions in paragraphs 2 and 3, the controller of data files is not required to declare his files if: 6 The Federal Council regulates the modalities for the declaration of data files for registration, the maintenance and the publication of the register, the appointment and duties of the data protection officer under paragraph 5 letter e and the publication of a list of controllers of data files that are relieved of the reporting obligation under paragraph 5 letters e and f. 1 Anyone who processes personal data must not unlawfully breach the privacy of the data subjects in doing so. 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