80IRelease of photographs

80I Release of photographs

80I Release of photographs

(1) A licensing authority or service provider must ensure that a photograph to which this Division applies is not released except—

(a) in the exercise of any function conferred or imposed by or under the information-access arrangements, or

(b) for a purpose that is reasonably necessary for the proper exercise of an investigative function of the authority or service provider or its conduct of a lawful investigation, or

(c) for an investigation relating to or leading to relevant criminal proceedings or for the conduct of relevant criminal proceedings, or

(d) as provided under any other law, or

(e) to the person whose likeness is shown in the photograph, or

(f) as authorised or required under Part 4 of the Photo Card Act 2005 in respect of the release of photographs to which that Part applies, or

(g) as authorised or required under Part 3.5 of the Road Transport Act 2013 in respect of the release of photographs to which that Part applies.

(2) If the Privacy Commissioner has approved a protocol that is applicable to the release of a photograph under subsection (1)(b) or (c), the photograph must not be released otherwise than in accordance with the protocol.

s 80I: Ins 2004 No 105, Sch 1 [5]. Am 2005 No 20, Sch 2.2 [3]; 2011 No 41, Sch 5.16 [2]; 2013 No 19, Sch 4.36 [4]. Subst 2020 No 27, Sch 2[1].