Privacy+In+The+Workplace

//by Hayley Johnstone﻿ //  **Topic Question:** //"Under the Privacy Act 1993, to what extent can information about me be disclosed to my employer?”//
 * **What is Privacy Law?** **﻿﻿**Privacy is the ability of an individual or group to conceal, hide seclude themselves or information about themselves . It can be described as: • a right to be left alone • a right to control who sees information about you, or • a right to make decisions about your personal life without government intervention (Privacy Commissioner, 2010). Privacy Law is the area of law concerned with the protection and preservation of their privacy rights. Privacy Law was initially recognised in New Zealand through the Universal Declaration of Human Rights which states “No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks on his honour or reputation” (United Nations, 2008-2009). There were multiple legislations in place governing New Zealand but by 1990 it became clear that the statutes in place were not comprehensive or specific enough and therefore the Privacy Act was introduced in 1993. || [[image:privacy.jpg width="250" height="178"]] ||

The purpose of the Act is to promote and protect individual privacy (New Zealand Legislation, 2010). It establishes principles for the collection and use of information relating to individuals, and rights of access for individuals and provides for enforcement of these rights by a Privacy Commissioner. It focuses mainly on personal information privacy that is collected, held or used by any ‘agency’. An agency is defined as all human beings and corporations in the public and private sector. The Act encourages good practice and respect and care towards personal information. The Privacy Commissioner constantly updates the Act to allow for changes in technology as well as the prevention of misuse of personal information.
 * [[image:scroll.jpg width="198" height="172"]] || **The Privacy Act 1993**

To view the Privacy Act 1993 click here. ||

In order for an agency to collect, hold or use any personal information of a person they must: • Inform the individual that the information is being collected and the purpose • Ensure the information held is relevant to the purpose of the agency or what they do and demonstrate that it is necessary this information be kept • Ensure the information is collected from the person concerned only • Not use any unlawful, unfair or unreasonably intrusive means to collect information • Ensure that the information cannot be stolen, lost or accessed by anyone that does not have authority to view it• Ensure that all information is accurate prior to storing• Not keep the information any longer than the purpose for which it is kept for • Only use the information for the purpose of which it was held for (New Zealand Legislation, 2010). || ||
 * **What are the Requirements in Businesses?**

With the Privacy Act 1993 in place in New Zealand individuals now have the right to access all information held about them by a business.
 * [[image:cash.jpg width="156" height="278"]] || **What is the Impact on New Zealand Business?**

Employers are also considered to be an ‘agency’ in New Zealand’s privacy law. The information that employers can hold must be collected directly from the individual. Exceptions to this are as follows: 1. The information was already publicly available 2. The individual has authorised another party to give information 3. Should a person not comply, the information that was collected was done so in a way that would not create bias of the individual involved 4. Where information is required for law enforcements it may be done so without consent 5. Where compliance was not present, the agency must demonstrate justification and their beliefs for collecting the information 6. The individual was not recognised or identified 7. The Privacy Commissioner has authorised the collection of information for the public’s benefit ||

If you feel your privacy has been breached, or for more information relating to the Privacy Law in New Zealand and its effect and guidelines visit [|www.privacy.org.nz], phone 0800 803 909 or email enquiries@privacy.org.nz.

To view a short film on 'Privacy Talk', click the image below: media type="youtube" key="Bp0zeMFHxFA?fs=1" height="145" width="218"

New Zealand Legislation. (2010). //New Zealand legislation: acts//. Retrieved 24, October 2010 from the World Wide Web: http://www.legislation.govt.nz Privacy Commissioner. (2010). Retrieved 23, October 2010 from the World Wide Web: http://privacy.org.nz United Nations. (2010). //The universal declaration of human rights//. Retrieved 22, October 2010 from the World Wide Web: http://www.un.org/en/documents/udhr/index.shtml
 * References**