Data and Statistics Bill

56 Effect of determination under section 55

(1)

The chief executive of the public sector agency to which a determination under section 55 applies—

(a)

may authorise access for research purposes to data held by the public sector agency in accordance with this section; and

(b)

must, if intending to authorise an individual, public sector agency, or organisation, or another public sector agency to access data in accordance with this section, notify that individual, public sector agency, or organisation, or public sector agency of their intention to do so in accordance with any requirements specified in the determination.

(2)

The following sections apply to the chief executive and any individual, public sector agency, or organisation that is authorised to access data by the chief executive following notification in accordance with subsection (1)(b) as if all references to the Statistician were references to the chief executive and all references to Statistics New Zealand were to the public sector agency to which the determination under section 55 applies:

(a)

section 39(2)(b) to (e) (relating to the types of data the individual, public sector agency, or organisation may publish or otherwise disclose under section 54(2)(b)):

(b)

sections 48(1) and (2) and 49 to 52 (relating to when the chief executive may authorise access to data for research):

(c)

section 42(2), (5), and (7) (relating to certificates of confidentiality):

(d)

section 54 (relating to researcher obligations in relation to data accessed for research):

(e)

section 94A (relating to authorisation by an organisation).

(2)

Sections 48(1) and (2) and 49 to 52 apply to the chief executive of the public sector agency to which the determination applies with the following modifications:

(a)

all references to the Statistician must be read as references to the chief executive of the public sector agency to which the determination applies; and

(b)

all references to Statistics New Zealand must be read as references to the public sector agency to which the determination applies.

(3)

The following sections (as modified by subsection (4)) apply to an individual, organisation, or public sector agency that is authorised to access data by the chief executive of the public sector agency to which the determination applies following notification in accordance with subsection (1)(b) of the chief executive’s intention to authorise access in accordance with this section:

(a)

section 42(2), (5), and (7) (relating to certificates of confidentiality):

(b)

section 54(1), (2)(a), (3), and (4) (relating to researcher obligations in relation to data accessed for research).

(4)

The sections listed in subsection (3)(a) and (b) must be read as if all references to the Statistician were references to the chief executive of the public sector agency to which the determination applies.

(5)

The chief executive of the public sector agency to which the determination applies must publish information about—

(a)

who is accessing the data held by the public sector agency for research in accordance with this section; and

(b)

what data is being accessed; and

(c)

the purposes for which the data is being accessed; and

(d)

how the data is being accessed; and

(e)

any characteristics of the data being accessed or limitations that may affect the quality of any research using the data.

(6)

Information required to be published under subsection (5) may be published in summary form.

(7)

Nothing in this section limits or affects a provision contained in any legislation that—

(a)

authorises or requires data to be made available; or

(b)

imposes a prohibition or restriction on the availability of data; or

(c)

otherwise regulates the manner in which data may be obtained from or made available by the public sector agency.