Part 2 Information privacy principles

6 Information privacy principles

The information privacy principles are as follows:

Information privacy principles
Principle 1
Purpose of collection of personal information

Personal information shall not be collected by any agency unless—

(a)

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

(b)

the collection of the information is necessary for that purpose.

 
Principle 2
Source of personal information
(1)

Where an agency collects personal information, the agency shall collect the information directly 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 the information is publicly available information; or

(b)

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

(c)

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

(d)

that non-compliance is necessary—

(i)

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

(ii)

for the enforcement of a law imposing a pecuniary penalty; or

(iii)

for the protection of the 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

(e)

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will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or

(h)

that the collection of the information is in accordance with an authority granted under section 54.

 
Principle 3
Collection of information from subject
(1)

Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as 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 so authorised or required; and

(ii)

whether or not 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 these principles.

(2)

The steps referred to in subclause (1) shall 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 that agency has taken those steps in relation to the collection, from that individual, of the same information or information of the same kind, on a recent previous occasion.

(4)

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

(a)

that non-compliance is authorised by the individual concerned; or

(b)

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

(c)

that non-compliance is necessary—

(i)

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

(ii)

for the enforcement of a law imposing a pecuniary penalty; or

(iii)

for the protection of the 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

(d)

that compliance would prejudice the purposes of the collection; or

(e)

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

(f)

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.

 
Principle 4
Manner of collection of personal information

Personal information shall not be collected by an agency—

(a)

by unlawful means; or

(b)

by means that, in the circumstances of the case,—

(i)

are unfair; or

(ii)

intrude to an unreasonable extent upon the personal affairs of the individual concerned.

 
Principle 5
Storage and security of personal information

An agency that holds personal information shall ensure—

(a)

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

(i)

loss; and

(ii)

access, use, modification, or disclosure, except with the authority of the agency that holds the information; 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.

 
Principle 6
Access to personal information
(1)

Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled—

(a)

to obtain from the agency confirmation of whether or not the agency holds such personal information; and

(b)

to have access to that information.

(2)

Where, in accordance with subclause (1)(b), an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information.

(3)

The application of this principle is subject to the provisions of Parts 4 and 5.

 
Principle 7
Correction of personal information
(1)

Where an agency holds personal information, the individual concerned shall be entitled—

(a)

to request correction of the information; and

(b)

to request that there be attached to the information a statement of the correction sought but not made.

(2)

An agency that holds personal information shall, if so requested by the individual concerned or on its own initiative, take such steps (if any) to correct that information as are, in the circumstances, reasonable 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.

(3)

Where an agency that holds personal information is not willing to correct that information in accordance with a request by the individual concerned, the agency shall, if so requested by the individual concerned, take such steps (if any) as are reasonable in the circumstances to attach to the information, in such a manner that it will always be read with the information, any statement provided by that individual of the correction sought.

(4)

Where the agency has taken steps under subclause (2) or subclause (3), the agency shall, if reasonably practicable, inform each person or body or agency to whom the personal information has been disclosed of those steps.

(5)

Where an agency receives a request made pursuant to subclause (1), the agency shall inform the individual concerned of the action taken as a result of the request.

 
Principle 8
Accuracy, etc, of personal information to be checked before use

An agency that holds personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading.

 
Principle 9
Agency not to keep personal information for longer than necessary

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

 
Principle 10
Limits on use of personal information

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

(a)

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

(b)

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

(c)

that non-compliance is necessary—

(i)

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

(ii)

for the enforcement of a law imposing a pecuniary penalty; or

(iii)

for the protection of the 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

(d)

that the use of the information for that other purpose is necessary to prevent or lessen a serious threat (as defined in section 2(1)) to—

(i)

public health or public safety; or

(ii)

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

(e)

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

(f)

that the information—

(i)

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

(ii)

is 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

(g)

that the use of the information is in accordance with an authority granted under section 54.

 
Principle 11
Limits on disclosure of personal information

An agency that holds personal information shall not disclose the information to a person or body or agency 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 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

(c)

that the disclosure is to the individual concerned; or

(d)

that the disclosure is authorised by the individual concerned; or

(e)

that non-compliance is necessary—

(i)

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

(ii)

for the enforcement of a law imposing a pecuniary penalty; or

(iii)

for the protection of the 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 (as defined in section 2(1)) 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 facilitate the sale or other disposition of a business as a going concern; 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 in accordance with an authority granted under section 54.

 
Principle 12
Unique identifiers
(1)

An agency shall not assign a unique identifier to an individual unless the assignment of that identifier is necessary to enable the agency to carry out any 1 or more of its functions efficiently.

(2)

An agency shall not assign to an individual a unique identifier that, to that agency’s knowledge, has been assigned to that individual by another agency, unless those 2 agencies are associated persons within the meaning of subpart YB of the Income Tax Act 2007.

(3)

An agency that assigns unique identifiers to individuals shall take all reasonable steps to ensure that unique identifiers are assigned only to individuals whose identity is clearly established.

(4)

An agency shall 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 for a purpose that is directly related to one of those purposes.

Section 6 principle 2(2)(d)(iv): amended, on 3 September 1996, by section 3 of the Privacy Amendment Act 1996 (1996 No 142).

Section 6 principle 3(4)(c)(iv): amended, on 3 September 1996, by section 3 of the Privacy Amendment Act 1996 (1996 No 142).

Section 6 principle 10(a): amended, on 3 July 2015, by section 40(1) of the Harmful Digital Communications Act 2015 (2015 No 63).

Section 6 principle 10(c)(iv): amended, on 3 September 1996, by section 3 of the Privacy Amendment Act 1996 (1996 No 142).

Section 6 principle 10(d): amended, on 27 February 2013, by section 5(1) of the Privacy Amendment Act 2013 (2013 No 1).

Section 6 principle 11(b): amended, on 3 July 2015, by section 40(2) of the Harmful Digital Communications Act 2015 (2015 No 63).

Section 6 principle 11(e)(iv): amended, on 3 September 1996, by section 3 of the Privacy Amendment Act 1996 (1996 No 142).

Section 6 principle 11(f): amended, on 27 February 2013, by section 5(2) of the Privacy Amendment Act 2013 (2013 No 1).

Section 6 principle 12(2): amended, on 1 April 2010, by section 861 of the Taxation (International Taxation, Life Insurance, and Remedial Matters) Act 2009 (2009 No 34).

Section 6 principle 12(2): amended, on 1 April 2008 (effective for 2008–09 income year and later income years, except when the context requires otherwise), by section ZA 2(1) of the Income Tax Act 2007 (2007 No 97).