Data and Statistics Bill

52 Additional consideration if overseas person seeking access to data

(1)

If an individual or organisation seeking to access data is an overseas person, the Statistician must consider whether the overseas person is required to protect the data in a way that, overall, provides comparable safeguards to those in this Act, taking into account—

(a)

the laws that apply in the relevant jurisdiction; and

(b)

the relationship between Statistics New Zealand and the overseas person; and

(c)

any means available to the Statistician to ensure that the overseas person complies with any conditions imposed under section 48(2).

(2)

For the purpose of subsection (1)(b) and (c), the Statistician may take into account any agreement entered into between the overseas person and the Statistician or any other individual, public sector agency, or organisation.

(3)

In this Act,—

(a)

an individual is an overseas person if the individual is not present in New Zealand:

(b)

an organisation is an overseas person if—

(i)

the organisation is incorporated outside New Zealand; or

(ii)

the organisation has its head office or principal place of business outside New Zealand; or

(iii)

individuals will access data on behalf of the organisation from outside New Zealand.