[58][59] The Law Commission has said that it is "central to New Zealand’s constitutional arrangements". Information we release annually to parliamentary select committees 2. In 2010, details of Ministerial credit card spending from 2003 to 2008 was released under the Act. Section 2. [6], Most decisions made under the Act can be appealed to the Ombudsman, including decisions to withhold or charge for information, or extend a request deadline. AS 2007 5437 Annex No I]4 Inserted by No II of the FD of 20 June 1997, in force since 1 Jan. 1998 (AS 1997 2372; BBl 1997 I 877). [60] It has significantly changed the culture of government, leading to a culture of openness under which a great deal of information is made public as a matter of routine. [5] If an agency declines to provide the information, it must provide a reason 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. 333 of the Criminal Code in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).2 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).3 Amended by Art. 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). The federal bodies must assist in determining the facts of any case. [38] Only limited withholding grounds apply to requests for internal rules affecting decisions,[39] or to requests by individuals for the reasons for decisions about them. (2) In this Act, unless the context otherwise indicates- (a) any reference to the disclosing or receiving of anything includes a reference to the disclosing or receiving of any part or the substance, effect or description thereof; Part I — Preliminary. Notable information released under the OIA includes: The OIA has been reviewed repeatedly over its lifetime, and there have been several suggestions for reform. 2 They must take the required measures within one year of the commencement of this Act to be able to provide the information required under Article 8. 1 SR 172.0212 Repealed by Annex No 26 of the Administrative Court Act of 17 June 2005, with effect from 1 Jan. 2007 (AS 2006 2197; BBl 2001 4202). Former Prime Minister and Law Commissioner Geoffrey Palmer credits then-Minister of Justice Jim McLay for the Act, saying that he managed to pass it in the face of opposition from both Prime Minister Robert Muldoon and the Treasury.[19]. 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. 2 In the absence of legislation that guarantees adequate protection, personal data may be disclosed abroad only if: 3 The Federal Data Protection and Information Commissioner (the Commissioner, Art. 2 The data subject must be notified as a minimum of the following: 3 If the data is not collected from the data subject, the data subject must be informed at the latest when the data is stored or if the data is not stored, on its first disclosure to a third party. 1 The Federal Council shall issue the implementing provisions. [23], The Act applies to "information", regardless of form, not just documents, and includes "not only recorded data but also knowledge of a particular fact or state of affairs held by officers in a named organisation or Department in their official capacity". 5 The Commissioner is not subject to the system of assessment under Article 4 paragraph 3 of the Federal Personnel Act of 24 March 2000. 2 The employment relationship is governed by the Federal Personnel Act of 24 March 20003, unless this Act provides otherwise. 4 The collection of personal data and in particular the purpose of its processing must be evident to the data subject.2, 5 If the consent of the data subject is required for the processing of personal data, such consent is valid only if given voluntarily on the provision of adequate information. 2 The Federal Council determines the date on which this Act comes into force. 1 Amended by Art. [24] This technology-neutral definition has allowed the Act to cope with the significant changes in information technology since the 1980s. Decisions to transfer requests are not specifically mentioned, and so can only be investigated where they are made by agencies, using the Ombudsman's general jurisdiction under the Ombudsmen Act 1975. You can search a department's website for: 1. routinely released information, organised into categories (publication scheme) 2. information previously released through RTI applications(disclosure log) 3. released Cabinet documentsby date or topic. 1 The amendments may be consulted under AS 1993 1945. Under the Official Information Act 1982. s 9(2)(a) Under the Official Information Act 1982. The guiding principle of the Act is that information should be made … 333 of the Criminal Code in the version of the FA of 13 Dec. 2002, in force since 1 Jan. 2007 (AS 2006 3459; BBl 1999 1979).4 Amended by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). 2 Any data subject may request that incorrect data be corrected. 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). [10][11] The law "positively discouraged information release". 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. 2 The federal bodies shall destroy personal data designated by the Federal Archives as not being of archival value unless it: 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 SR 152.13 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). As part of this, the committee was to review the application of the Official Secrets Act 1951 and "advance appropriate recommendations on changes in policies and procedures which would contribute to the aim of freedom of information". John F. Kennedy was killed on November 22, 1963. Given on the 2nd Day of September B.E. Your request is being processed in accordance with the Official Information Act 1982. The Commission's Report, The Public's Right to Know: Review of the Official Information Legislation (R125) evaluates how effective the Official Information Act 1982 and the Local Government Official Information and Meetings Act 1987 are today, some 30 years since they came into effect.The paper is available for download below or you can view the online version. The last standard gazette for 2020 will be published on Friday, 18 December 2020, though we will make arrangements to gazette genuinely urgent notices up to 24 December 2020. [64][65] The expectation of eventual public scrutiny is also believed to have significantly improved the quality of advice to government. 1 Personal data may not be disclosed abroad if the privacy of the data subjects would be seriously endangered thereby, in particular due to the absence of legislation that guarantees adequate protection. If there is no longer a public interest in the accessibility of such data, the data concerned must be removed from the automated information and communication service.7. It found no evidence of political interference in the handling of requests but noted that nearly 80% of senior managers had never received any training in responding to OIA requests and that most government agencies did not have proactive policies for the timely release of information. To avoid prejudice to measures protecting the health or safety of members of the public. 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 … 1 The federal body that processes or arranges for the processing of personal data in fulfilment of its tasks is responsible for data protection. 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. 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). Specified purposes . A few of the latter were implemented via a Statutes Amendment Bill in 2003, but core recommendations were not. Environmental campaigns such as the Save Manapouri campaign and the passage of freedom of information legislation overseas created further pressure. [85] The government adopted a number of minor technical reforms, but rejected any significant change. 1bis This term of office shall be extended automatically unless the Federal Council has issued an order no less than six months before its expiry based on materially adequate grounds that the term of office should not be extended.2. To maintain the constitutional conventions for the time being which protect the confidentiality of communications by or with the Sovereign or her representative. Memorandum Auckland Transport An Auckland Council Organisation To: Cc: From: Date: Subject: Purpose Richard Morris, Chief Financial Officer Stuart McDougall, RI-TP … The right to refuse to testify under Article 16 of the Administrative Procedure Act3 applies by analogy. Access to Email Traffic of District Government Employees, see Mayor’s Order 2003-164, November 21, 2003 ( 50 DCR 10604). The Official Information Act (OIA) is an important part of New Zealand's constitutional framework. This has led to a series of "practice investigations", aimed at improving general OIA practice across government. Some non-government agencies are also included, such as certain officers of parliament. releasing the information would contravene another Act of Parliament, releasing the information would constitute, the requested information relates to criminal disclosure and can be sought under the Criminal Disclosures Act 2008. the requested information does not exist or cannot be found. Before applying for information, you should check first to see if it is available online. [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. [61][66], Approximately 45,000 requests are made under the Act each year, with over 90% of them answered within statutory timeframes. [57] The Court of Appeal has said that "the permeating importance of the Act is such that it is entitled to be ranked as a constitutional measure". This includes almost all government agencies, including ministries, intelligence agencies, hospitals, universities, schools, crown entities, and state-owned enterprises. The plaintiff may in particular request that data processing be stopped, that no data be disclosed to third parties, or that the personal data be corrected or destroyed. 1 Repealed by No I of the FA of 24 March 2006, with effect from 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). 2 The Federal Council shall issue regulations on the recognition of certification procedures and the introduction of a data protection quality label. Use this menu to access essential accompanying documents and information for this legislation item. 1 Amended by No I of the FA of 24 March 2006, in force since 1Jan. 3 The unauthorised disclosure of confidential, sensitive personal data or personality profiles remains an offence after termination of such professional activities or training. 3 para. 2 If federal bodies process personal data together with other federal bodies, with cantonal bodies or with private persons, the Federal Council may specifically regulate the control of and responsibility for data protection.2. The appointment of the Commissioner and the termination of his employment relationship are subject to the previous law until the end of the legislative period in which this amendment comes into force. Almost 30 years later, Congress enacted the President John F. Kennedy Assassination Records Collection Act of 1992. 1 Anyone who without authorisation wilfully discloses confidential, sensitive personal data or personality profiles that have come to their knowledge in the course of their professional activities where such activities require the knowledge of such data is, on complaint, liable to a fine.1. The Federal Assembly of the Swiss Confederation. Agencies merely had to respond "as soon as reasonably practicable", which led to frequent delays. ", "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] Requests to Government Departments or State agencies for information must be answered "as soon as reasonably practicable", and within 20 working days. There have been repeated proposals for reform and further improvements to transparency over the Act's lifetime, including major reviews by the New Zealand Law Commission in 1992 and 2012, but it has not been significantly reformed since 1987. This Act aims to protect the privacy and the fundamental rights of persons when their data is processed. [31] Agencies must make a decision on whether to release requested information as soon as reasonably practicable, with an upper limit of 20 working days[a] after receiving the request,[5] though this time-limit can be extended for large or complex requests. The Official Information Act was passed at the same time as the 1997 Constitution, and was designed to formally define the conditions of access to information. 3 The controller of a data file may arrange for data on the health of the data subject to be communicated by a doctor designated by the subject. This amendment is taken into account throughout this Act.2 SR 172.0213 Second sentence according to No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101).4 Inserted by No I of the FA of 24 March 2006, in force since 1 Jan. 2008 (AS 2007 4983; BBl 2003 2101). The first standard gazette for next year will be published on Friday, 15 January 2021. 1 Legal protection is governed by the general provisions on the administration of federal justice. To avoid prejudice to measures that prevent or mitigate material loss to members of the public. [15] Information held in an official capacity by employees, and information held by subcontractors, subsidiary companies, and unincorporated advisory bodies is all captured by the Act. The decision shall be published. 102-526) Section 1. Once you become a patient under the Mental Health Act, you have a general right to information. [87] It made numerous recommendations for improving agency OIA practices, but did not recommend any changes to the legislation itself. Table 4.1.1 of the Discussion Document provides a summary of the estimated costs of the Impact of compliance costs for beekeepers, processors and exporters . 2 The Federal Council may permit the Commissioner to carry on another occupation provided this does not compromise his independence and standing. 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). Author: Gary Moore Date: 10 October 2017 The Protection of Information Act, 1982 declares that it is a statute to provide for the “protection from disclosure of certain information.”. [86], A review by Chief Ombudsman Beverley Wakem in 2015 focused on the implementation of the Act by government agencies. Official Information Act 1997 Official Information Act, B.E. 1 Anyone who processes personal data must make certain that it is correct. It was amended on six occasions between 1994 and 2013, by intelligence services and state-security laws. The guiding principle of the Act is that information should be made available unless there is good reason for withholding it. This Act is called the "Official Information Act, B.E. 1 In order to improve data protection and data security, the manufacturers of data processing systems or programs as well as private persons or federal bodies that process personal data may submit their systems, procedures and organisation for evaluation by recognised independent certification organisations. To prevent the disclosure or use of official information for improper gain or improper advantage. President John F. Kennedy Assassination Records Collection Act of 1992 (Public Law No. It is New Zealand's primary freedom of information law and part of New Zealand's uncodified constitution.. There is broad agreement in New Zealand that the Official Information Act 1982 (OIA) has changed the culture of government in relation to access to information, and expectations of public participation in decision-making. Amended 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 Actions relating to protection of privacy are governed by Articles 28, 28a and 28l of the Civil Code2. English is not an official language of the Swiss Confederation. 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. Released under the Official Information Act 1982. [52], The Act originally contained provisions for individuals to access and correct personal information about themselves. The Freedom of Information Act 1982 gives you the right to request access to government-held information. English is not an official language of the Swiss Confederation. [40], Finally, official information requests can also be refused for administrative reasons. 1 In accordance with the Archiving Act of 26 June 19982, federal bodies shall offer the Federal Archives all personal data that is no longer in constant use. 7. Short Title. To maintain the constitutional conventions for the time being which protect collective and individual ministerial responsibility. The report contains a proposal on whether the processing should be continued or terminated. 3 Federal bodies may make personal data accessible online if this is expressly provided for. Official Information Act 1982. 1 Inserted 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; BBl 2009 6749). 2 No 1 1931 Art. Section 2(4): replaced, on 1 July 1993, by section 2(3) of the Official Information Amendment Act 1993 (1993 No 36). (1977). 5 If a recommendation is not complied with or is rejected, he may refer the matter to the department or to the Federal Chancellery for a decision. Transfer decisions by Ministers can not be appealed or investigated. To maintain the constitutional conventions for the time being which protect the confidentiality of advice tendered by Ministers of the Crown and officials. 1 Federal bodies may process personal data if there is a statutory basis for doing so. "[13] The creation of the Office of the Ombudsman and changes of administrative law created a presumption that people were entitled to know the reasons for decisions made about them. 2 If the Commissioner establishes in a case investigation under Article 27 paragraph 2 or under Article 29 paragraph 1 that the data subjects are threatened with a disadvantage that cannot be easily remedied, he may apply to the President of the division of the Federal Administrative Court responsible for data protection for interim measures to be taken. Section 2. Freedom of Information Bill (2nd reading) (Vol. [47] These recommendations are legally binding upon agencies, imposing a public duty to implement them. To protect information where the making available of the information would be likely unreasonably to prejudice the commercial position of the person who supplied or who is the subject of the information. There are 12 information privacy principles (dealing with the collection, storage, use, and disclosure of personal information, and an individual's right to access his or her personal information an… 2 The same penalties apply to anyone who without authorisation wilfully discloses confidential, sensitive personal data or personality profiles that have come to their knowledge in the course of their activities for a person bound by professional confidentiality or in the course of training with such a person. 1 On complaint, private persons are liable to a fine if they:1. 31 of the FA of 21 March 1997 on Measures to Safeguard Internal Security, with effect from 1 July 1998 (AS 1998 1546; BBl 1994 II 1127). [55], The Act initially included the creation and functions of an Information Authority, charged with managing the implementation of the Act. 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