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EDS Information Privacy Code

In this section

EDS Information Privacy Code 1997

EDS Information Privacy Code 1997 Amendment No. 1

EDS Information Privacy Code 1997 Proposed Amendment No 1

Expiry Notice by Privacy Commissioner

In 1994 the Government privatised the government computing service company known as GCS Ltd. GCS supplied computer processing services to a number of important public bodies. The privatisation raised a number of issues concerning the sensitivity of the information being processed which included, for example, criminal history information on the "Wanganui computer" and taxation information.

As a response to the privatisation and public concern as to the privacy sensitivity, I issued the GCS Information Privacy Code 1994. The code provided remedies for breaches of the information privacy principles which were not otherwise available pending the completion of a transitional period. It also sought to ensure that GCS 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 became owned by EDS (New Zealand) Ltd. The 1994 code was, in due course, replaced by the EDS Information Privacy Code 1997. The 1997 code was originally scheduled to expire in 2000 but this was extended by the EDS Information Privacy Code Amendment No 1 to 30 June 2003.

Following receipt of a suitable undertaking from EDS (New Zealand) Ltd, in terms similar to the requirements of the code, I have now decided to allow the 1997 code to expire.

EDS (New Zealand) Ltd has undertaken not to transfer "identified information" out of New Zealand unless:
(a) the relevant "designated agency" authorises the transfer in writing; and
(b) before the authorisation takes effect, EDS produces to the Privacy Commissioner the authorisation together with a statement in writing specifying
(i) the country in which the information is to be processed; and
(ii) the safeguards proposed to ensure the security of the information in transit and in the course of processing.

In the undertaking, "designated agency" means any of the following agencies:

  • Auckland District Health Board
  • Department for Courts
  • Department of Corrections
  • Ministry of Social Development (following the passing of the State Sector Amendment Bill 2001 and, until that time, comprising the Ministry of Social Policy and the Department of Work and Income)
  • Inland Revenue Department
  • Land Information New Zealand
  • Land Transport Safety Authority
  • Ministry of Justice
  • New Zealand Police
  • Serious Fraud Office.


Two other terms are defined for the purpose of the undertaking:

  • "existing service" means any service provided by EDS to a designated agency that was being provided by GCS Ltd at 1 October 1994, notwithstanding that it might be provided after that date under a new or replacement contract;
  • "identified information" means information received by EDS in connection with an existing service that is deemed by virtue of subsection 3(4) of the Privacy Act 1993 to be held by a designated agency.


B H Slane
Privacy Commissioner
30 June 2003