2 Who must comply and when?

The e-GIF is a forward-looking document. It specifies a set of standards to be applied when developing or upgrading technology. This section outlines who must and who is encouraged to comply, how to make the transition, and how to apply for an exemption.

2.1 Who must or is encouraged to comply

2.1.1 Mandatory compliance

From 1 July 2002, Cabinet has made using the e-GIF mandatory for:

• all Public Service departments
• the New Zealand Police
• the New Zealand Defence Force
• the Parliamentary Counsel Office
• the Parliamentary Service
• the Office of the Clerk
• the New Zealand Security Intelligence Service.

2.1.2 Suggested compliance

The benefits of the e-GIF are not specific to the Public Service or central government. Cabinet has encouraged adoption by:

• organisations in the wider State sector
• local authorities.

The e-GIF is also open to use by:

• non-government organisations
• the business community
• the public
• other jurisdictions.

2.2 How and when to comply

• a new version of the e-GIF is released
• they are contemplating new implementations
• they are contemplating upgrading implementations, and/or
• they are reviewing their overall technology strategy.

See the following sections for details.

2.2.1 Transitions

The adoption of the e-GIF must allow for a sensible transition. Recognising this, Cabinet agreed on 13 June 2002 that current information systems, software applications, or electronic data/information resources did not need to comply immediately with the e-GIF.

Any new information system, software application, or electronic data/information resource (or current instances of these being redeveloped or replaced), or systems for interfacing with these, must comply with the e-GIF except where:

• it is certain that interoperability will never be a requirement, or
• the current version of the e-GIF does not, and could not, include policies, standards or guidelines concerning the technologies the agency needs (not wants) to employ.

If an agency has one of these exceptional instances, it needs to consider the customer perspective (see Section 1.3.1). Although the agency system may have been developed to operate in isolation, New Zealanders may one day need it, transparently or otherwise, to work with other services from other agencies. Is it certain that the new system, application or resource will never need to support or interact with any new, enhanced, or replacement system, application, interface, service, process, or resource? Experience shows that in most cases, the e-GIF will apply.

2.2.2 Information sharing and matching agreements

In many, but not all, circumstances, interoperability requires the exchange, sharing, or matching of personal information. The Privacy Act may well apply in these situations, particularly Part 10 and schedules 3 and 4. For information-matching programmes, the Act mandates a Technical Standards Report.

Agencies planning data exchange are encouraged to:

• contact the Office of the Privacy Commissioner about the circumstances of the exchange (it may fit with one of the information-matching programmes authorised by Parliament)
• review their existing (offline) data management agreements and:
• • extend them to include issues relating to electronic exchange
  • add them to the Technical Standards Report or
  • prepare new agreements or Memoranda of Understanding
  
  
• seek legal advice.

See also:

• Section 3.3 Governance of shared inputs.
• Part 3, Section 1.10 Information Systems and Data Management Policies and Standards.
• Checklist for data exchange issues to be covered in a Memorandum of Understanding (MOU) or data sharing agreement. Please email e-GIF@ssc.govt.nz for access to this document.

2.3 Exemptions

Where an agency believes there are grounds for exemption from the e-GIF, it must:

• conclusively demonstrate, to the satisfaction of the e-GIF Steward, where the current version of the e-GIF cannot meet requirements or why an alternative approach to achieving interoperability is justified
• where sensible, contribute to updating the e-GIF.

Where an exemption is approved, it will apply only to a specific:

• information system, software application, data/information resource, or business process (not to the agency's entire information and technology environment and/or business processes)
• agency or agencies (not to an entire sector)
• time period (not indefinitely).

For more information, including a template for applying for an exemption, see http://www.e.govt.nz/standards/e-gif/faqs

2.3.1 Special provisions

Specialist systems employed, or sponsored, by the security and intelligence agencies are automatically exempted where it is not appropriate for them to comply with the e-GIF.