19 May 2022
Anthony Jordan
[FYI request #19265 email]
Kia ora Anthony,
Your Official Information Act request, reference: GOV-018085
Thank you for your email of 3 May 2022, asking for the following information under the Official Information
Act 1982 (the Act):
Please supply the following in the form of a PDF copy or Attachment of the contract agreed to by the
ACC and Fairway
1.
Obligation set out by the ACC for Fairway to disclose Personal Client Information in hard copy form
when Authorised by ACC Client/claimant
2.
Obligation set out by the ACC for Fairway to disclose Personal Client Information in Digital form
when Authorised by ACC Client/claimant
3.
Obligation set out by the ACC for Fairway to disclose Personal Client Information in E Mail form
when Authorised by ACC Client/claimant
The contract between ACC and Fairway does not specify what format personal information should be
provided However, the agreement between ACC and Fairway stipulates that Fairway must abide by the provisions of
the Privacy Act 2020. Please refer to the extract below from the current contract between ACC and
Fairway.
1. Privacy Act Due to the Privacy Act 1993 being updated in 2020, Clause 7.2.3, 36.2.11 and 37.1 are each deleted and
replaced with the following clause with the corresponding clause number:
7.2.3 comply with all relevant Laws including the AC Act, Privacy Act 2020, Employment Relations Act
2000 and the Health and Safety at Work Act 2015.
36.2.11 in accordance with a separate research agreement that has been approved by ACC including by
the relevant ethics committee; but, in each case, any such disclosure shall be subject to the
provisions of the Privacy Act 2020.
37.1 The Supplier will comply with the Health Information Privacy Code 2020 (where applicable), the
Privacy Act 2020 and any other Laws relating to privacy and protection of personal information
and the Supplier will:
37.1.1 ensure that any personal or health information a Supplier holds about an ACC customer is
protected by reasonable security safeguards against loss or unauthorised access, use,
modification or disclosure;
37.1.2 only access, collect, use, disclose, store, process, transfer or otherwise handle any information
about ACC customers as instructed by ACC and as necessary to perform the Services, and for no
other purpose;
37.1.3 appoint a privacy officer;
37.1.4 have a privacy policy that:
37.1.4.1 includes what to do if there is a privacy breach (including procedures to promptly advise
ACC); and
37.1.4.2 complies with any reasonable ACC policy provided by ACC to the Supplier; and
GOV-018085 Page 1 of 2
37.1.5 comply with all reasonable directions of ACC relating to collecting, using, disclosing, deleting
and otherwise managing personal information in the course of the Services, including:
37.1.5.1 using appropriate procedures to privacy check information before sending it;
37.1.5.2 using couriers for delivery of physical documentation; and
37.1.5.3 transferring data electronically using a “secure file transfer” protocol approved by ACC.
Section 56 of the Privacy Act 2020 states that information may be made available in a requestor’s preferred
fo
rmat https://www.legislation.govt.nz/act/public/2020/0031/latest/LMS23403.html.
If you have any questions about this response, please get in touch
You can email me
at [email address]. If you are not happy with this response, you can also contact the Ombudsman via
[email address] or by phoning 0800 802 602. Information about how to make a complaint
is available at
www.ombudsman.parliament.nz Ngā mihi,
Sara Freitag
Acting Manager Official Information Act Services
Government Engagement & Support
GOV-018085 Page 2 of 2
