I, BRUCE HOULTON SLANE, Privacy Commissioner, having given notice in accordance with section 48(1) of the Privacy Act 1993 of my intention to issue a code of practice and having satisfied the other requirements of the subsection, now issue under section 46 of the Act the Justice Sector Unique Identifier Code 1998.
Issued by me at Auckland on 3 April 1998
The SEAL of the Privacy Commissioner was affixed to this code of practice by the Privacy Commissioner [L.S.]
B H Slane, Privacy Commissioner
Title
1.– This code of practice may be referred to as the Justice Sector Unique Identifier Code 1998.
Commencement
2.- This code is to come into force on 30 June 1998.
Interpretation
3.– (1) In this code:
justice sector agency means an agency referred to in clause 4(1);
offence means an indictable offence, a summary offence, or an infringement offence as those terms are defined in section 2 of the Summary Proceedings Act 1957, and includes any action other than an indictable offence, a summary offence or an infringement offence, in respect of which a warrant for imprisonment, order for community work, or warrant to arrest is imposed against an individual by any New Zealand court;
rule means the rule set out in clause 5;
the Act means the Privacy Act 1993.
(2) Terms and expressions used in this code and defined in the Privacy Act 1993 or Acts Interpretation Act 1924 have the same meanings respectively as in those Acts.
Application of code and subrules
4.- (1) This code applies to the following agencies and to agents exercising any of the functions of any such agency under delegated or other authority.
(a) …
(b) the Department of Corrections;
(c) New Zealand Transport Agency;
(d) the Ministry of Justice;
(e) the Ministry of Transport;
(f) the Police;
(g) the Ministry of Social Development; and
(h) the Registrar of Motor Vehicles.
(2) Subrules (1), (2)(a) and (4) apply only in relation to the assignment of unique identifiers after the commencement of the Act.
(3) Subrules (2)(b) and (3) apply only in relation to the assignment of unique identifiers after the commencement of this code.
(4) Subrule (5) applies to any unique identifier whether assigned before or after the commencement of the code.
Rule modifying the application of information privacy principle 12
5.- Information privacy principle 12 is modified in accordance with the Act by the following rule which applies to the justice sector agencies referred to in clause 4(1):
Rule 12.- Unique Identifiers
(1) A justice sector agency must not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable to agency to carry out any one or more of its functions efficiently.
(2) A justice sector agency must not assign to an individual a unique identifier that, to that agency’s knowledge, has been assigned to that individual by another justice sector agency, unless:
(a) those two agencies are associated persons within the meaning of section OD7 of the Income Tax Act 1994; or
(b) subrule (3) applies.
(3) A justice sector agency may assign to an individual being processed through the justice system a unique identifier previously assigned by another justice sector agency in the circumstances set out in the Schedule.
(4) A justice sector agency that assigns unique identifiers to individuals must take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.
(5) A justice sector agency must not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or for a purpose that is directly related to one of those purposes.
Schedule
Agency Circumstances in which Circumstances in which unique
originally unique identifier is identifier may be re-assigned by
assigning the originally assigned other justice sector agencies
unique identifier
Police Assigned to an individual as Assigned to an individual as
a result of the alleged Ministry of Justice.- may assign
commission by that for the purposes of
individual of an offence. (a) management of proceedings,
enforcement of fines and other
orders, and communication with
other law enforcement agencies
where this is necessary for the
efficient conduct of proceedings,
including the administration of
resulting sentences and the
enforcement of fines and other
orders; and
(b) statistical and other research in
which resulting reports or
compilations will not be in a form
that could reasonably be expected
to identify any individual concerned.
Department of Corrections.-
may assign for the purposes of
(a) providing information on the
imposition of sentences, and the
efficient administration of
sentences and other orders, and
the management of offenders
subject to such sentences and
orders; and
(b) statistical and other research in
which resulting reports or
compilations will not be in a form
that could reasonably be expected
to identify any individual concerned.
New Zealand Transport Agency].-
may assign for the purposes of
(a) recording notifications from
Police of individuals forbidden to
drive, and advising Police when
those individuals have had valid
licences issued; and
(b) recording offence notifications
from Police of individuals where
identification was not confirmed,
and advising Police of valid
licence details when so
determined; and
(c) statistical and other research in
which resulting reports or
compilations will not be in a form
that could reasonably be expected
to identify any individual or
commercial operator concerned.
Ministry of Social Development.-
may assign for the purposes of
(a) the management and review of
family group conferences under
Part 4 of the Children, Young
Persons, and their Families Act 1989; and
(b) providing information to other
justice sector agencies on the
outcome of family group
conferences for child and youth
offending, and the imposition of
orders and sentences; and
(c) the efficient administration of
orders and sentences; and
(d) statistical and other research in
which resulting reports or
compilations will not be in a form
that could reasonably be expected
to identify any individual concerned.
Ministry of Assigned to an individual as Police.- may assign for the
Justice a result of the alleged purposes of the prevention,
commission by that detection, investigation, and
individual of an offence. prosecution of offences and the
administration of sentences and
the enforcement of fines and other orders.
Department of Corrections.-
may assign for the purposes of
(a) providing information on the
imposition of sentences, and the
efficient administration of
sentences and other orders, and
the management of offenders
subject to such sentences and orders; and
(b) statistical and other research in
which resulting reports or
compilations will not be in a form
that could reasonably be expected
identify any individual concerned.
New Zealand Assigned to an individual as Police.- may assign for the
Transport a result of the issue of a purposes of the prevention,
Agency driver licence. detection, investigation, and
prosecution of offences and the
administration of sentences and
the enforcement of fines and other orders.
Ministry of Justice.- may
assign for the purposes of
(a) management of proceedings,
enforcement of fines and other
orders, and communication with
other justice sector agencies
where this is necessary for the
efficient conduct of proceedings,
including the administration of
resulting sentences and the
enforcement of fines and other orders; and
(b) statistical and other research in
which resulting reports or
compilations will not be in a form
that could reasonably be expected
to identify any individual concerned.
Department of Corrections.-
may assign for the purposes of
(a) providing information on the
imposition of sentences, and the
efficient administration of
sentences and other orders, and
the management of offenders
subject to such sentences and orders; and
(b) statistical and other research in
which resulting reports or
compilations will not be in a form
that could reasonably be expected
to identify any individual concerned.
Ministry of Transport .- may
assign for the purpose of verifying
the identity of people who are, or
apply to be, holders of licences
issued under the Road User
Charges Act 1977.
Registrar of Motor Vehicles.-
may assign for the purpose of
verifying the identity of people who
are, or apply to be, registered as
owners of vehicles on the Motor Register.
Department of Assigned for the purposes of Ministry of Justice.- may assign
Corrections providing information on the for the purposes of statistical and
imposition of sentences, and other research in which resulting
the efficient administration of reports or compilations will not be
sentences and other orders, in a form that could reasonably be
and the management of expected to identify any individual
offenders subject to such concerned.
sentences and orders.