Privacy Act 1993
See the Privacy Commissioner website for information in addition to that below:
www.privacy.org.nz
Below is a fact sheet issued by the Privacy Commissioner and is designed to explain in general terms the relevant provisions of the Privacy Act 1993. It is not a detailed legal analysis.
1. Purpose: Personal information may be collected only if the information is collected for a lawful purpose and the collection is necessary for that purpose. This applies to all information collected after 1 July 1993.
2. Source: An individual must be made aware, when providing personal information, of the purpose of collection of the information, the proposed recipients of the information, the consequences of failure to provide the information, the individual’s right to access and correction of that information and other matters. Applies to all information collected after 1 July 1993, except (up to 1 July 1995) where collected on a form printed prior to 1 July 1993.
3. Collection: Collection of personal information may not be collected by unlawful, unfair or unreasonably intrusive means. Applies to all information collected after 1 July 1993.
4. Security: An Agency holding personal information must ensure that the information is reasonably protected against loss, unauthorised access and misuse. Applies to all information whenever collected.
5. Correction: An individual is entitled to request correction of personal information held by an Agency in respect of that individual. The Agency must either make the correction or record in the same place as the information is stored, and in a manner that it will always be read with the information, a statement provided by the individual of the correction sought. Applies to all information whenever collected.
6. Accuracy: An Agency must take reasonable steps to ensure that any personal information used is accurate, up to date, complete, relevant and not misleading. Applies to all information whenever collected.
7. Retention: An Agency may not hold personal information for longer than is required for the purposes for which the information may lawfully be used. Applies to all information whenever collected.
8. Use: An Agency may not use personal information obtained for one purpose, for any other purpose. Applies to information collected after 1 July 1993.
9. Disclosure: An Agency may not disclose personal information to any person or body or agency unless that disclosure is one of or is directly related to the purposes for which the personal information was obtained. Applies to all information whenever collected.
10. Unique identifiers: An Agency may not store personal information in a manner that assigns a unique identifier (for example, a customer number) unless necessary for the agency’s efficient functioning. A unique identifier must not be the same as a unique identifier used by any other unassociated agency. Applies from 1 July 1993.
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