Does the information have to be accurate if the agency wants to use it?
How long can an agency keep my personal information?
What can an agency use my personal information for?
Can an agency give my information to someone else?

Information Privacy Principles 8 to 11 each place some restriction on how an agency can use or disclose personal information which it holds.

Does the information have to be accurate if the agency wants to use it?

If an agency wants to use information about you, it has to make sure the information is accurate and up to date, complete, relevant and not misleading.

How long can an agency keep my personal information?

An agency can only keep information about you for as long as it is needed. So if you have stopped being a member of a club, the club cannot keep information about you just in case it comes in handy in the future.

What can an agency use my personal information for?

If an agency collects information about you for one purpose, it cannot use it for any other purpose (Principle 10). For example, if a shop takes your name and address to send you something you have ordered, it cannot use that information to also send you advertising, unless you have agreed to it.

The agency can use the information for something else if:

• the information is publicly available; or
• it is being used to detect, investigate or prosecute an offence; or
• its use will stop someone else being harmed; or
• the reason for the agency using the information is directly related to the reason it got it for; or
• the individual has said the information can be used for the new purpose

Can an agency give my information to someone else?

An agency cannot give information about you to another agency or person without your permission. Principle 11 of the Privacy Act 1993 limits circumstances in which personal information may be disclosed. Again there are exceptions. Some examples of these exceptions are:

• an agency may disclose personal information if it believes that the proposed disclosure is one of the reasons why the information was obtained; or
• giving it is necessary to prevent serious harm to you or to someone else; or
• the information is publicly available; or
• if it is for a directly related purpose; or
• if it is authorised to do so by another law or Act, for example;

1. Under section 16 of the Children, Young Persons and their Families Act 1989, everyone who makes an allegation concerning child abuse in good faith to either the police or a social worker from CYFS is absolutely protected against a complaint alleging a breach of the Privacy Act.

2. The Education Act requires principals to inform a student’s parents of matters that are preventing or slowing the student’s progress through school or harming the student’s relationship with teachers or other students.

It is up to the agency to prove that the principles do not apply in their case because of an exception. The Privacy Commissioner may authorize agencies to collect, use, or disclose information even though that would otherwise breach information privacy principles 2, 10, or 11. But, special circumstances must exist so that the public interest outweighs the interference where use or disclosure would involve a clear benefit to the individual concerned that outweighs the interference with privacy.