Section 88 — Privacy Act 2020: Disclosure of information may be required despite obligation of secrecy

88 Disclosure of information may be required despite obligation of secrecy (1) A person who is bound by the provisions of an enactment to maintain secrecy in relation to, or not to disclose, any matter may be required to do the following even though compliance with that requirement would be in breach of the obligation of secrecy or non-disclosure: (a) give evidence to, or answer questions put by, the Commissioner: (b) provide information, documents, or things to the Commissioner. (2) Compliance with a requirement of this kind is not a breach of the relevant obligation of secrecy or non-disclosure or of the enactment by which that obligation is imposed. (3) However, the Commissioner may not require information, documents, or things to be provided if— (a) the Prime Minister certifies that the giving of any information, document, or thing might prejudice— (i) the security or defence of New Zealand, or the international relations of the Government of New Zealand; or (ii) any interest protected by section 7 of the Official Information Act 1982 (which relates to the Cook Islands, Niue, Tokelau, and the Ross Dependency); or (b) the Attorney-General certifies that the giving of any information, document, or thing— (i) might prejudice the prevention, investigation, or detection of offences; or (ii) might involve the disclosure of proceedings of Cabinet, or any committee of Cabinet, relating to matters of a secret or confidential nature, and the disclosure would be injurious to the public interest. (4) This section is subject to section 89 . Compare: 1993 No 28 s 95