Privacy is a simple notion about respect, choice and common sense. It is about balance – balance between the right of an individual and collective society needs. Indeed, New Zealand legislation says this under the Privacy Act 1993 (please refer to our Privacy Act Principles page). Privacy can be divided into four categories:

• Physical privacy – protection of our physical selves against invasive procedures
• Territorial privacy – setting limits on intrusion into domestic and other environments like nosy neighbours
• Privacy of communications – security and privacy of mail, phones etc
• Information privacy – involving rules for the handling of data

The privacy of your mobile phone use is covered under the privacy of communications. You as an individual have a right to your own privacy interest in the use of your mobile phone, which means you do not have to disclose your text messages or phone calls to anybody else. However, there are exceptions to this if your mobile phone is used or involved in unlawful or public hazardous activities.


Mobiles Phones at School

(a) School Rules

As a starting point, you should check with your school's rules regarding use of mobile phones at school. Your school is likely to have a set of specificed rules which they can impose under the Education Act 1989.

(b) Can the teacher confiscate my mobile phone?

If your school does not allow the use of mobile phones, it is likely that your phone will be confiscated if you are caught using it. However, this does not necessarily mean that the teacher can access information on your mobile phone once it has been confiscated. Please refer to our page on 'Search and Confiscation at school'.

(c) Can the teacher access information on my mobile phone?

The Privacy Act 1993 says that the school should not collect information by unlawful means or by means that are, in the circumstances, unfair or intrude to an unreasonable extent upon the affairs of the individual concerned.

However, there are some exceptions to this:

• If the school had a good reason to suspect unlawful activity by the student or;
• If the school was acting to prevent a crime or;
• If the school was acting to protect public safety or;
• For similar good reason

If your situation falls within one of these exceptions, then the school (e.g. your teacher) may have access to information on your mobile phone including text messages.

Nonetheless, if the school is merely undertaking a ‘fishing expedition’, then that is likely to be a breach of the Privacy Act 1993.

[Principle 4, s 6 Privacy Act 1993]

(d) What if I consent to the search of my mobile phone?

If you consent to your teacher searching for information on your mobile phone, you are giving permission to access your phone and hence it may not be breaching your privacy rights. However, if you tell your teacher that you do not consent to the search of your phone, this may constitute an unreasonble search.

(e) What can I do?

If you feel that your rights have been breached, you should first take your complaint with your school (please refer to our page on ‘Complaint to Schools’). Otherwise, if you feel that your rights in the Privacy Act 1993 have been breached, you can refer your complaint on to the Privacy Commissioner (please refer to our ‘More Information - School’ page).