Section 381 — Social Security Act 2018: Privacy report for orders adopting agreements with mutual assistance provisions

381 Privacy report for orders adopting agreements with mutual assistance provisions (1) This section applies to a reciprocity agreement, or an alteration to a reciprocity agreement, that contains a mutual assistance provision— (a) for the Governments of New Zealand and the other country to— (i) provide each other with assistance in the recovery of social security debts; or (ii) supply each other with information for social security purposes; and (b) that does not relate solely to the recovery of moneys paid under the agreement in excess of that to which the recipient was entitled under that agreement. (2) No order may be made under section 380 in respect of the agreement or alteration unless the Privacy Commissioner has first presented to the Minister and to the Minister of Justice a report on the following matters: (a) whether the mutual assistance provision complies with the privacy principles set out in the Privacy Act 1993 , having regard to the matters set out in paragraphs (a) to (f) of section 98 of that Act: (b) if the mutual assistance provision is one for the Governments of New Zealand and the other country to supply each other with information for social security purposes, the adequacy of the privacy protection given in the other country to information about any individual that may be supplied by New Zealand under the provision. Compare: 1990 No 26 s 19(2A), (2B)