Section 10 — Privacy Act 2020: Personal information held by agency if held by officer, employee, or member of agency

10 Personal information held by agency if held by officer, employee, or member of agency (1) For the purposes of this Act, personal information held by a person in the person’s capacity as an officer, an employee, or a member of an agency is to be treated as being held by the agency. (2) However, subsection (1) does not apply to— (a) personal information held by an officer, an employee, or a member of a public sector agency ( A ) if— (i) the information is held only because of the person’s connection with a private sector agency; and (ii) that connection is not in the person’s capacity as an officer, an employee, or a member of A; or (b) personal information held by an officer, an employee, or a member of a private sector agency ( B ) if— (i) the information is held only because of the person’s connection with another agency (whether a public sector agency or private sector agency); and (ii) that connection is not in the person’s capacity as an officer, an employee, or a member of B. Compare: 1993 No 28 s 3(1)–(3)