Privacy Act 1993

The Privacy Act governs the collection, use, and disclosure of personal information. The Act affects three important aspects of the employment relationship:

1. Collecting personal information.

• Employers may collect information about an employee only for a lawful purpose.
• They must either collect it directly from the employee, or advise them that they are seeking it elsewhere and obtain their consent.

2. The use and disclosure of personal information.

• The information may be used only for the purposes for which it was initially collected.
• Information about an employee may not be released without their consent. This includes information for confidential reference checks.

3. Access to personal information.

• Employees have a right to see and correct personal information about them held by employers. One exception to this rule is information collected for confidential reference checks for the purposes of promotion. The exceptions have been narrowly defined by the Privacy Commissioner’s Office.

Complaints about breaches of the Privacy Act go to the Office of the Privacy Commissioner. The Commissioner will normally mediate between the parties and resolve the matter without formal intervention. The Commissioner can recommend payments to the complainant or refer the matter to the Complaints Review Tribunal, which may make orders against the respondent if necessary.

Under the Criminal Records (Clean Slate) Act 2004, eligible people may not need to reveal past criminal convictions. More information is available at the New Zealand Ministry of Justice website.