Protection of Information Against Third Party Disclosure

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

What This Could Look Like in Real Life

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:


  •         Where an enrolled individual requests that disclosure
  •         Where the police request it and the court grants permission
  •         In any other circumstance enabled under the Act or any other    law

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


  • Section 24 to create clear guidelines for the method of disclosure. These guidelines can explain how disclosure can occur lawfully. They can also explain the actual form that disclosure can and cannot take as well as how the process can and cannot be managed
  • Section 24 is to establish a protection mechanism around the use, processing and storage of information by third parties to whom information has been disclosed, including the police.
  • Section 24 to be amended to require any disclosure of a person’s information that that individual did not request only occur when ordered by the Court
  • Section 24 to be amended to read “any information” not only “any identity information”, to clarify that it is not just a person’s identity information the Authority is prohibited from disclosing but all information held by the Authority about them.

Status: Pending

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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