Establish safeguards for the storage, processing and use of information by third parties to whom information has been disclosed and ensure that persons know to whom their information is being disclosed.
Under the act of disclosure the Authority can expose information that is otherwise protected. This disclosure can be made to a third party without the consent or knowledge of the enrolled individual. As a general rule the authority should not disclose a person’s identity information. However, there are exceptions to this rule. The prohibition on disclosure should not be limited to “identity information” but should extend to all information held by the Authority about an individual
These are examples of what the NIDS Bill allows. These examples may not necessarily reflect the intention of the Bill, but are possible based on how the Bill was worded when it was tabled in 2020.
At every point where an individual’s information is shared a risk is created. This risk must be managed to guard against breaches of privacy and security as well as to hold individuals accountable for any such breach.
The Bill prohibits the disclosure of Identity Information, except under particular circumstances, but will collect and store other information that is not identity information. There is presently no safeguard against the Authority disclosing information not considered “identity Information”.
The exceptions to the general rule against disclosure are:
Due to the risk involved in disclosure of a person’s information, such disclosure that the person did not request should only be done when ordered by the Court and clear parameters must be set as to how disclosure can occur lawfully
Watch this space! We will provide an update once the Joint Select Committee has made a decision on this issue.
Last updated 2021-05-27
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