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Information privacy principle 3A
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Collection of personal information other than from individual concerned
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| (1) |
If an agency collects personal information about an individual other than from the individual concerned, the agency must take any steps that are, in the circumstances, reasonable to ensure that the individual concerned is aware of—
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(a) |
the fact that the information has been collected; and
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(b) |
the purpose for which the information has been collected; and
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(c) |
the intended recipients of the information; and
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(d) |
the name and address of—
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(i) |
the agency that has collected the information; and
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(ii) |
the agency that is holding the information; and
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(e) |
if the collection of the information is authorised or required by or under the law, the particular law by or under which the collection of the information is authorised or required; and
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(f) |
the rights of access to, and correction of, information provided by the IPPs.
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| (2) |
The steps referred to in subclause (1) must be taken as soon as is reasonably practicable after the information has been collected (unless taken sooner).
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| (3) |
An agency is not required to take the steps referred to in subclause (1) in relation to the collection of personal information if the individual concerned has previously been made aware by any means of all of the matters specified in subclause (1) in relation to the agency’s collection of the information.
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Example relating to IPP3A(3)
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An agency (A) has collected personal information from the individual concerned. A has disclosed the information to another agency (B). B, after collecting the information, is not required to comply with subclause (1) if A, when complying with IPP3, notified the individual concerned that the information would be disclosed to B and of the matters in subclause (1) in relation to B’s collection of the information.
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| (4) |
It is not necessary for an agency to comply with subclause (1) if the agency believes, on reasonable grounds,—
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(a) |
that non-compliance would not prejudice the interests of the individual concerned; or
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(b) |
that the information is publicly available information; or
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(c) |
that non-compliance is necessary—
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(i) |
to avoid prejudice to the maintenance of the law by any public sector agency, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences; or
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(ii) |
for the enforcement of a law that imposes a pecuniary penalty; or
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(iii) |
for the protection of public revenue; or
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(iv) |
for the conduct of proceedings before any court or tribunal (being proceedings that have been commenced or are reasonably in contemplation); or
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(d) |
that compliance would prejudice the purposes of the collection; or
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(e) |
that compliance is not reasonably practicable in the circumstances of the particular case; or
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(f) |
that compliance would cause a serious threat to—
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(i) |
public health or safety; or
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(ii) |
the health or safety of another individual; or
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Example relating to IPP 3A(4)(f)(i)
An agency (C) has collected from another agency personal information about an individual who has a contagious disease. C needs to take immediate action to contain the spread of the disease. C would not have to comply with subclause (1) if C believes on reasonable grounds that the delay caused by compliance would cause a serious threat to public health or safety.
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(g) |
that the information—
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(i) |
will not be used in a form in which the individual concerned is identified; or
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(ii) |
will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.
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(5)
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It is not necessary for an agency to comply with subclause (1) if—
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(a)
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the agency collects personal information for the purpose of determining whether the information is of enduring value for general public interest and should be archived for public reference, study, or exhibition; and
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(b)
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compliance is likely to seriously impair the agency’s achievement of the purpose in paragraph (a).
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(6)
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It is not necessary for an agency to comply with subclause (1) if compliance would be likely to prejudice—
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(a)
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the security or defence of New Zealand, the Cook Islands, Niue, Tokelau, or the Ross Dependency; or
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(b)
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the international relations of the Government of New Zealand, the Cook Islands, or Niue; or
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(c)
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the relations between any of the Governments of—
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(i)
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New Zealand; or
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(ii)
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the Cook Islands; or
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(iii)
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Niue; or
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(d)
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the entrusting of information to the Government of New Zealand on a basis of confidence by—
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(i)
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the Government of any other country or any agency of the Government of any other country; or
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(ii)
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any international organisation.
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(7)
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It is not necessary for an agency to comply with subclause (1) if compliance would—
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(a)
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disclose a trade secret; or
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(b)
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be likely to unreasonably prejudice the commercial position of—
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(i)
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the person who supplied the information; or
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(ii)
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the individual concerned.
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