Privacy Act 1993

II: Information Privacy Principles

Commencement Date: 1 Jul 1993

Section 6. Information privacy principles


 
                                 PART II 
                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) of 
 this principle 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         will not be published in a form that could reasonably be 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 of this Act. 
 
 
                               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) of this principle 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) of this principle 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) of 
 this principle 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) of this principle, 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 IV and V of this Act. 
 
 
                               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) of this principle, 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) 
 of this principle, 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; 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 and imminent threat 
         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 of this Act. 
 
 
                               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; 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 and imminent 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 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 of this Act. 
 
 
                               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 one 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 section 8 of the Income Tax Act 1976. 
 
   (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. 

GP Print, Wellinton.