8.52 The purpose of the Privacy Act 1993 is to promote and protect individual privacy - in particular to establish principles on:
The Act covers both the public and private sectors.
8.53 Ministers and departments must be careful to ensure that they comply with the law when they collect, use, and disclose information concerning individuals. A breach of the Act may result in legal action, including, in some cases, an award of damages.
8.54 Each agency must ensure that privacy officers within the agency are assigned responsibility to fulfil the compliance requirements set out in section 23 of the Privacy Act 1993. The Office of the Privacy Commissioner is available for training, advice, and guidance in relation to the operation of the Privacy Act 1993.
8.55 The Privacy Act 1993 covers "personal information", which is defined in section 2 of the Act as "information about an identifiable individual."
8.56 The key provisions of the Privacy Act 1993 are:
8.57 Ministers should exercise great care in dealing with personal information, and seek advice from the Office of the Privacy Commissioner in cases of doubt. In particular, Ministers and departments must handle personal information in accordance with the information privacy principles, as set out in section 6 of the Privacy Act 1993.
8.58 If a Minister requests personal information about an individual from his or her own department in order to deal with a portfolio issue, the department should in general provide that information to the Minister unless there is a legal obligation not to do so. (The statutory provisions protecting information collected by the Inland Revenue Department are an example of such an obligation.) The information privacy principles, as set out in section 6 of the Privacy Act 1993, should be carefully considered in relation to any such request.
8.59 If a Minister wishes to access information about an individual that is held by a department in another portfolio area, the Minister should, in line with the general principle that Ministers deal only with their own departments, seek assistance from the Minister with responsibility for that area. (See paragraph 3.18.)
8.60 The disclosure of information about an individual by Ministers is governed by both the Official Information Act 1982 and the Privacy Act 1993.
8.61 Further guidance can be found on the Privacy Commissioner's website, www.privacy.org.nz.