Part 3 Information privacy principles, public register privacy principles and codes of practice

Subpart 1—Information privacy principles

19 Information privacy principles

The information privacy principles are as follows:

Information privacy principle 1
Purpose of collection of personal information
(1)

Personal information must not be collected by an agency unless—

(a)

the information is collected for a lawful purpose connected with a function or an activity of the agency; and

(b)

the collection of the information is necessary for that purpose.

(2)

If the lawful purpose for which personal information about an individual is collected does not require the collection of an individual’s identifying information, the agency may not require the individual’s identifying information.

 
Information privacy principle 2
Source of personal information
(1)

If an agency collects personal information, the information must be collected from the individual concerned.

(2)

It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,—

(a)

that non-compliance would not prejudice the interests of the individual concerned; or

(b)

that compliance would prejudice the purposes of the collection; or

(c)

that the individual concerned authorises collection of the information from someone else; or

(d)

that the information is publicly available information; or

(e)

that non-compliance is necessary—

(i)

to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or

(ii)

for the enforcement of a law that imposes a pecuniary penalty; or

(iii)

for the protection of public revenue; or

(iv)

for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

(v)

to prevent or lessen a serious threat to the life or health of the individual concerned or any other individual; or

(f)

that compliance is not reasonably practicable in the circumstances of the particular case; or

(g)

that the information—

(i)

will not be used in a form in which the individual concerned is identified; or

(ii)

will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.

 
Information privacy principle 3
Collection of information from subject
(1)

If an agency collects personal information from the individual concerned, the agency must take any steps that are, in the circumstances, reasonable to ensure that the individual concerned is aware of—

(a)

the fact that the information is being collected; and

(b)

the purpose for which the information is being collected; and

(c)

the intended recipients of the information; and

(d)

the name and address of—

(i)

the agency that is collecting the information; and

(ii)

the agency that will hold the information; and

(e)

if the collection of the information is authorised or required by or under law,—

(i)

the particular law by or under which the collection of the information is authorised or required; and

(ii)

whether the supply of the information by that individual is voluntary or mandatory; and

(f)

the consequences (if any) for that individual if all or any part of the requested information is not provided; and

(g)

the rights of access to, and correction of, personal information provided by the IPPs.

(2)

The steps referred to in subclause (1) must be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected.

(3)

An agency is not required to take the steps referred to in subclause (1) in relation to the collection of information from an individual if the agency has taken those steps on a recent previous occasion in relation to the collection, from that individual, of the same information or information of the same kind.

(4)

It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,—

(a)

that non-compliance would not prejudice the interests of the individual concerned; or

(b)

that non-compliance is necessary—

(i)

to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or

(ii)

for the enforcement of a law that imposes a pecuniary penalty; or

(iii)

for the protection of public revenue; or

(iv)

for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

(c)

that compliance would prejudice the purposes of the collection; or

(d)

that compliance is not reasonably practicable in the circumstances of the particular case; or

(e)

that the information—

(i)

will not be used in a form in which the individual concerned is identified; or

(ii)

will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.

 
Information privacy principle 4
Manner of collection of personal information
(1)

An agency may collect personal information only—

(a)

by a lawful means; and

(b)

by a means that, in the circumstances of the case (having regard particularly to the age of the individual concerned),—

(i)

is fair; and

(ii)

does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.; and

(2)

When collecting personal information from children and young persons, an agency must take into account their vulnerability.

Information privacy principle 5
Storage and security of personal information

An agency that holds personal information must ensure—

(a)

that the information is protected, by such security safeguards as it is are reasonable in the circumstances to take, against—

(i)

loss; and

(ii)

access, use, modification, or disclosure that is not authorised by the agency; and

(iii)

other misuse; and

(b)

that, if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.

 
Information privacy principle 6
Access to personal information
(1)

If an agency holds personal information, an individual is entitled to receive from the agency

(a)

confirmation of whether the agency holds any personal information about him or her:

(b)

access to his or her personal information.

(1)An individual is entitled to receive from an agency upon request
(a)confirmation of whether the agency holds any personal information about them; and
(b)access to their personal information.
(2)

If an individual concerned is given access to personal information, the individual must be advised that, under IPP 7, the individual may request the correction of that information.

(3)

This principle is subject to the provisions of Part 4.

 
Information privacy principle 7
Correction of personal information
(1)

If an agency holds personal information,

(a)

an individual concerned is entitled to request the agency to correct the information:

(b)

the agency, on its own initiative, may correct the information.

(2)

At the time of making a request under subclause (1)(a), or at any later time, the individual concerned is entitled to

(a)

provide to the agency a statement of the correction sought to the information; and

(b)

request the agency to attach the statement to the information if the agency is not willing to make the correction sought.

(1)An individual whose personal information is held by an agency is entitled to request the agency to correct the information.
(2)An agency that holds personal information must, on request or on its own initiative, take such steps (if any) that are reasonable in the circumstances to ensure that, having regard to the purposes for which the information may lawfully be used, the information is accurate, up to date, complete, and not misleading.
(2A)When requesting the correction of personal information, or at any later time, an individual is entitled to
(a)provide the agency with a statement of the correction sought to the information (a statement of correction); and
(b)request the agency to attach the statement of correction to the information if the agency does not make the correction sought.
(2B)If an agency that holds personal information is not willing to correct the information as requested and has been provided with a statement of correction, the agency must take such steps (if any) that are reasonable in the circumstances to ensure that the statement of correction is attached to the information in a manner that ensures that it will always be read with the information.
(3)

If an agency corrects personal information or attaches a statement of correction to personal information, that agency must, so far as is reasonably practicable, inform every other agency person to whom the agency has disclosed the personal information.

(4)

Subclauses (1) and (2) to (2B) are subject to the provisions of Part 4.

 
Information privacy principle 8
Accuracy, etc, of personal information to be checked before use or disclosure

An agency that holds personal information must not use or disclose that information without taking any steps that are, in the circumstances, reasonable to ensure that the information is accurate, up to date, complete, relevant, and not misleading.

 
Information privacy principle 9
Agency not to keep personal information for longer than necessary

An agency that holds personal information must not keep that information for longer than is required for the purposes for which the information may lawfully be used.

 
Information privacy principle 10
Limits on use of personal information
(1)

An agency that holds personal information that was obtained in connection with one purpose may not use the information for any other purpose unless the agency believes, on reasonable grounds,—

(a)

that the purpose for which the information is to be used is directly related to the purpose in connection with which the information was obtained; or

(b)

that the information—

(i)

is to be used in a form in which the individual concerned is not identified; or

(ii)

is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or

(c)

that the use of the information for that other purpose is authorised by the individual concerned; or

(d)

that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information; or

(e)

that the use of the information for that other purpose is necessary—

(i)

to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or

(ii)

for the enforcement of a law that imposes a pecuniary penalty; or

(iii)

for the protection of public revenue; or

(iv)

for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

(f)

that the use of the information for that other purpose is necessary to prevent or lessen a serious threat to—

(i)

public health or public safety; or

(ii)

the life or health of the individual concerned or another individual.

(2)

In addition to the uses authorised by subclause (1), an intelligence and security agency that holds personal information that was obtained in connection with one purpose may use the information for any other purpose (a secondary purpose) if the agency believes on reasonable grounds that the use of the information for the secondary purpose is necessary to enable the agency to perform any of its functions.

 
Information privacy principle 11
Limits on disclosure of personal information
(1)

An agency that holds personal information must not disclose the information to any other agency or to any person unless the agency believes, on reasonable grounds,—

(a)

that the disclosure of the information is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or

(b)

that the disclosure is to the individual concerned; or

(c)

that the disclosure is authorised by the individual concerned; or

(d)

that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to disclose the information; or

(e)

that the disclosure of the information is necessary—

(i)

to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or

(ii)

for the enforcement of a law that imposes a pecuniary penalty; or

(iii)

for the protection of public revenue; or

(iv)

for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or

(f)

that the disclosure of the information is necessary to prevent or lessen a serious threat to—

(i)

public health or public safety; or

(ii)

the life or health of the individual concerned or another individual; or

(g)

that the disclosure of the information is necessary to enable an intelligence and security agency to perform any of its functions; or

(h)

that the information—

(i)

is to be used in a form in which the individual concerned is not identified; or

(ii)

is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or

(i)

that the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern.

(2)

Without limiting the generality of subclause (1)(e)(i), an example of disclosure under that subclause is reporting to the New Zealand Police a reasonably held belief that an offence has been, or may be, committed.

(3)

An agency (A) may not disclose personal information to an overseas person (B) in reliance on subclause (1)(a), (c), (e), (f), (h), or (i) unless

(a)

section 8 applies to A and B; or

(b)

the individual concerned authorises the disclosure of the information to B; or

(c)

B is in a prescribed country or State; or

(d)

A believes on reasonable grounds that B is required to protect the information in a way that, overall, provides comparable safeguards to those in this Act.

(4)

However, subclause (3) does not apply if the personal information is to be disclosed to an overseas person in reliance on subclause (1)(e) or (f) and it is not reasonably practicable in the circumstances for A to comply with the requirements of subclause (3).

(5)

Without limiting the generality of subclause (3)(d), an example of A having the necessary belief on reasonable grounds is A having entered into an agreement with B that provides comparable safeguards to those in this Act.

(6)

In this principle,

overseas person means a person outside New Zealand who is not subject to this Act

prescribed country or State means a country or State that is specified in regulations as having privacy laws comparable to those of New Zealand.

(2)This principle is subject to IPP 12.
 
Information privacy principle 12
Disclosure of personal information outside New Zealand
(1)

An agency (A) may disclose personal information to a foreign person or entity (B) in reliance on IPP 11(1)(a), (c), (e), (f), (h), or (i) only if

(a)

the individual concerned authorises the disclosure to B after being expressly informed by A that B may not be required to protect the information in a way that, overall, provides comparable safeguards to those in this Act; or

(b)

B is carrying on business in New Zealand and, in relation to the information, A believes on reasonable grounds that B is subject to this Act; or

(c)

A believes on reasonable grounds that B is subject to privacy laws that, overall, provide comparable safeguards to those in this Act; or

(d)

A believes on reasonable grounds that B is a participant in a prescribed binding scheme; or

(e)

A believes on reasonable grounds that B is subject to privacy laws of a prescribed country; or

(f)

A otherwise believes on reasonable grounds that B is required to protect the information in a way that, overall, provides comparable safeguards to those in this Act (for example, pursuant to an agreement entered into between A and B).

(2)However, subclause (1) does not apply if the personal information is to be disclosed to B in reliance on IPP 11(1)(e) or (f) and it is not reasonably practicable in the circumstances for A to comply with the requirements of subclause (1).
(3)In this principle,

binding scheme means an internationally recognised scheme in which the participants agree to be bound by

(a)

specified measures for protecting personal information that is collected, held, used, and disclosed; and

(b)

mechanisms for enforcing compliance with those measures

foreign person or entity means

(a)

an individual who is not ordinarily resident in New Zealand:

(b)

a body, incorporated or unincorporated, that

(i)

is not established under the law of New Zealand; and

(ii)

does not have its central control and management in New Zealand:

(c)

the Government of an overseas country

prescribed binding scheme means a binding scheme specified in regulations made under section 212A

prescribed country means a country specified in regulations made under section 212B.

Information privacy principle 12 13
Unique identifiers
(1)

An agency (Agency A) may assign a unique identifier to an individual for use in its operations only if that identifier is necessary to enable Agency A to carry out 1 or more of its functions efficiently.

(2)

Agency A may not assign to an individual a unique identifier that, to Agency A’s knowledge, is the same unique identifier as has been assigned to that individual by another agency (Agency B), unless—

(a)Agency A and Agency B are associated persons within the meaning of subpart YB of the Income Tax Act 2007; or
(b)the unique identifier is to be used by Agency A for statistical or research purposes and no other purpose.
(3)To avoid doubt, Agency A does not assign a unique identifier to an individual under subsection (1) by simply recording a unique identifier assigned to the individual by Agency B for the sole purpose of communicating with Agency B about the individual.
(4)

Agency A must take all reasonable steps to ensure that a unique identifier is assigned only to an individual whose identity is clearly established.

(4)A must take any steps that are, in the circumstances, reasonable to ensure that
(a)a unique identifier is assigned only to an individual whose identity is clearly established; and
(b)the risk of misuse of a unique identifier by any person is minimised (for example, by showing truncated account numbers on receipts or in correspondence).
(5)

Before disclosing a unique identifier to another agency, Agency A must take all reasonable steps to minimise the risk of misuse of the unique identifier by that other agency or any other person.

(6)

An agency may not require an individual to disclose any unique identifier assigned to that individual unless the disclosure is for one of the purposes in connection with which that unique identifier was assigned or is for a purpose that is directly related to one of those purposes.

Compare: 1993 No 28 s 6