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EDS Information Privacy Code 1997 Proposed Amendment No 1

Statement by Bruce Slane, Privacy Commissioner, February 2000

I intend to amend the EDS Information Privacy Code 1997 by:

  • substituting a new expiry date; and
  • amending the scheduled list of designated agencies.


In 1994 the Government privatised the government computing service known as the GCS Limited. GCS supplied computer processing services to certain important public bodies. Privatisation raised some concerns given the sensitivity of the information being processed which included, for example, criminal history information on the "Wanganui Computer" and taxation information. As a response, the Privacy Commissioner issued the GCS Information Privacy Code 1994. A prime purpose of the code was to ensure that the privatised agency was prohibited from transferring out of New Zealand any "identified information" except with the written authorisation of the relevant "designated agency", following written notice to the Privacy Commissioner specifying the destination of the transfer and the safeguards proposed to apply to the information. GCS was purchased by EDS (NZ) Ltd and the EDS Information Privacy Code 1997 has replaced the GCS Code.

The EDS Code is set to expire in mid-2000. It had been anticipated at the time that the code was issued that the general question of disclosure of personal information out of New Zealand might be directly addressed in a reform to the Privacy Act itself by that time. Indeed, in a major report to the Minister of Justice in late-1998 the Privacy Commissioner recommended that consideration be given to establishing a mechanism for imposing data export restrictions on particularly sensitive categories of personal information where a recipient country provides no adequate data protection.1 However, the Government has not yet considered or acted upon the recommendation. In such circumstances I consider it appropriate to extend the duration of the code.

The amendment to clause 2 will postpone the expiry date from 30 June 2000 to 30 June 2003. The existing data export controls will therefore continue.

The amendment to the Schedule alters the list of designated agencies by:

  • revoking references to agencies in respect of which EDS no longer provides data processing services of the type formerly provided by GCS Ltd;
  • substituting new names for particular designated agencies.


A copy of the proposed amendment is attached. Submissions on the proposed amendment may be made in writing by 3 April 2000 and should be addressed to:

Assistant Commissioner
Office of the Privacy Commissioner
P O Box 10-094
WELLINGTON

Fax: 04-474 7595
email: enquiries@privacy.org.nz

Telephone enquiries about the proposed amendment should be directed, in the first instance, to Wendy Proffitt at 04-474 7597.

Submissions received will generally be made available on request. Any person making a submission who wishes any material to be withheld from requesters should make this clear. However, any decision on release will be determined in accordance with the provisions of the Official Information Act 1982 and s.116 of the Privacy Act.

B H Slane
Privacy Commissioner

February 2000