Data and Statistics Bill

Subpart 5—Statistical confidentiality

39 Statistician authorised to publish or otherwise disclose certain data

(1)

The Statistician must take all reasonable steps to ensure that the Statistician does not publish or otherwise disclose data in a form that could reasonably be expected to identify any individual or organisation.

(2)

Despite subsection (1), the Statistician may publish or otherwise disclose—

(a)

data in a form that may identify an individual or organisation if the publication or other disclosure is authorised in writing by the individual to whom, or the organisation to which, or organisation to which the data relates:

(b)

data that is publicly available under any Act or publicly available from other sources if the Statistician is satisfied that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the data:

(ba)

data in a form that may identify an organisation (but that could not reasonably be expected to identify any individual) if the purpose of the publication or other disclosure is to describe characteristics of the population:

(c)

data about a business entity that the Statistician is satisfied is non-sensitive, including (but not limited to) the name, address, and contact details of the business entity, its location, its business type or structure, the industry and sector type it belongs to, and indicators of the size of the business, such as the number of employees:

(d)

details of external trade (other than personal information within the meaning of the Privacy Act 2020), including the value and quantities of commodities, countries traded with, ports and airports of departure and arrival, and modes of transport used:

(e)

data about locations of individuals, organisations, and things in a form that could not reasonably be expected to identify any individual:

(f)

data for the purposes of a prosecution or a proposed prosecution under this Act.

(3)

No provision in subsection (2) limits or affects any other provision in that subsection.

(4)

An authorisation by an organisation for the purpose of subsection (2)(a) may be given by a competent officer of the organisation.

(5)

The disclosure of data to a person who has completed a certificate of confidentiality under section 42(3) is not disclosure of data for the purpose of subsection (1).

(6)

This section—

(a)

does not limit any other provision of this Act that provides for the Statistician to publish or otherwise disclose data; and

(b)

applies despite anything in the Customs and Excise Act 2018, sections 17 to 17M of the Tax Administration Act 1994, or any other Act.

(7)

In this section, business entity means any person or body of persons (whether corporate or unincorporated) carrying on any undertaking, whether for gain or reward or not.

Compare: 1975 No 1 ss 37(1), (6), 37A