Human rights - Privacy

If you believe personal information about you:

  • has been misused by a person or organisation, e.g. not used for the reason it was originally collected or passed on to someone else without your agreement
  • is held in storage and you have been refused permission to see it
  • is incorrect and you have been denied the opportunity to correct it

then you can do something about it.
 

The Privacy Act

The Privacy Act 1993 aims to prevent the misuse of personal information about individuals. It has a set of 12 principles covering

  • the collection, storage and use of personal information
  • who may have access to it.

The Act applies to both public and private sectors and includes companies, government departments, incorporated societies and boards of trustees. It does not always include MPs (when acting officially), courts and tribunals (in terms of their judicial function), or the media (in relation to their news activities).
 

Who to contact if your privacy is breached

In the first instance, ask to speak with the privacy officer of the organisation concerned. All organisations are required by law to have a privacy officer who can help you. They should have a process for dealing with complaints about privacy of personal information.

If that doesn't sort out the problem, or you feel unable to talk directly with them, you can contact the Privacy Commissioner.
 

Contacting the Privacy Commissioner

The Privacy Commissioner can investigate your complaint if you think information about you has been misused or you have been denied access to personal information. Contact them by:

  • calling the Privacy hotline - 0800 803 909/ Auckland (09) 302 8655
  • writing to The Privacy Commissioner, PO Box 10-094, Wellington 6143 or PO Box 466, Auckland 1140.

In your letter clearly state:

  • the organisation or individual you are complaining about and how to contact them
  • what you believe they have done wrong
  • what information about you is involved, how it was collected and how it is being used incorrectly.

An investigating officer will investigate your situation and let you know in writing if your complaint is found to be valid under the law. If so, the organisation concerned will be contacted and the investigating officer will try to solve the problem and recommend a solution.

If the organisation does not agree to the recommended solution or will not co-operate, the investigating officer can take further action by referring your problem to the Proceedings Commissioner.
 

The Proceedings Commissioner

The Proceedings Commissioner is part of the Office of the Privacy Commissioner -- they will decide if your complaint should be referred to the Complaints Review Tribunal. If your case is referred by the Proceedings Commissioner, you will not have to pay any costs of the Tribunal.

If you do not agree with the decision of either the Privacy Commissioner or the Proceedings Commissioner, you can choose to refer the matter yourself to the Complaints Review Tribunal, but you will have to meet the costs.
 

The Complaints Review Tribunal

This is an independent body of three people appointed under the Human Rights Act, including a senior lawyer as the Chairperson. They will consider your problem and let you know their decision in writing.

You may want to get advice or help from a lawyer for this. If the Tribunal agrees with you, it can order the organisation you complained about to:

  • stop the action which you complained about
  • put the situation right
  • pay you compensation for any damage done to you
  • take any other action considered appropriate.


Other options for action

If you want to know what information is held about you on the New Zealand Police computer system write directly to the Police, the Land Transport Safety Authority or the Justice Department. If you are unhappy with the response from these authorities, write letter of complaint to the Privacy Commissioner.

If you think existing procedures allowing access to or use of personal information are unfair, such as data matching between government departments, you could join a community group which advocates change (e.g. a beneficiaries union or a civil liberties group). Or write to your local or list MP.
 

Information sources

The Office of the Privacy Commissioner has a series of fact sheets about the Privacy Act and related issues, including complaints. Many organisations have their own pamphlets about privacy and personal information in the organisation, including the process for complaints.
 

Further Links