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Electronic Data Safety Bill (Consistent) [2012] NZBORARp 68 (27 November 2012)

Last Updated: 28 April 2019

Electronic Data Safety Bill

Consistency with the New Zealand Bill of Rights Act 1990: Electronic Data Safety Bill 27 NOVEMBER 2012

1. We have considered whether the Electronic Data Safety Bill (‘the Bill’) is consistent with the rights and freedoms affirmed in the New Zealand Bill of Rights Act 1990 (‘the Bill of Rights Act’). The Bill is a Member’s Bill in the name of Clare Curran MP. The Bill was introduced into the House of Representatives on

15 November 2012 and is awaiting its first reading. We understand that the next Members’

Day is scheduled for Wednesday, 5 December 2012.

2. The Bill establishes the Electronic Data Safety Commission (the Commission). The Commission will inquire into and report to the House of Representatives on recent privacy breaches involving unauthorised access to the personal information of members of the public held by government agencies. Other functions of the Commission will include

examining agencies’ capacity to respond to future breaches and how significant breaches may be avoided in the future.

3. We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act.
   

Melanie Webb

Acting Chief Legal Counsel Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Electronic Data Safety Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney-General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.