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Information Act 2002
72Public sector organisation may prepare draft code of practice
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72 Public sector organisation may prepare draft code of practice
(1) A public sector organisation may prepare a draft code of practice.
(2) The draft code may:
(a) specify:
(i) the manner in which the organisation is to apply one or
more IPPs; or
(ii) the manner in which the organisation is to comply with
one or more IPPs; or
(b) apply in relation to:
(i) specified personal information or a specified class of
personal information; or
(ii) a specified activity or a specified class of activities; or
Information Act 2002 50
(c) modify an IPP, but only if:
(i) the organisation is not otherwise capable of complying
with the IPP; and
(ii) the draft code modifies the IPP only to the extent
necessary to enable the organisation to comply with the
IPP; and
(iii) the draft code gives effect as nearly as possible to the
objects of the IPP.
(3) The matters that the draft code may provide for include but are not
limited to the following:
(a) the control of data matching and data linkage for the purpose
of producing or verifying personal information;
(b) how a public register is to be kept so as to comply with the
IPPs to the extent that it is reasonably practicable to do so
given the requirements imposed by or under an Act for
keeping the register and making it available for public
inspection;
(c) the review of the draft code by the organisation, including the
review procedure;
(d) when the draft code is to cease to have effect.
(4) In preparing the draft code, the organisation may:
(a) consult with the Commissioner or any other person it
considers appropriate; or
(b) seek comment or submissions from the public.
(5) For this section, a draft code of practice may be prepared by or on
behalf of a public sector organisation or a group of public sector
organisations, including a local government council or a group of
local government councils.