Part 3 Flashcards
What is the ombudsman’s role with regards to official information?
If a request for OI is denied, a request to the Ombudsman can be made. They then assess whether the refusal was warranted and report a change to parliament if it is not. The ombudsman cannot release recommendations when security or defence is at risk
What is the privacy commissioner’s role with regards to personal information?
They either investigate a breach of privacy themselves or receive a complaint. If the complaint has substance they can request for the information. They can bring enforcement proceedings if nothing is done.
How do you approach and official information question?
- Is it official information (held in an official capacity)
- Does the request comply with s 16
- Will it be refused because of s 6
- Will it be refused because of s 9
- Then the Ombudsman can make recommendations about a refusal or delay (unless security is at risk)
- judicial review is only possible after the Ombudsman’s process
How do you approach a personal information question?
- Is it personal information (information about an identifiable individual)
- Has an IPP been breached and has that breach caused loss or detriment (Proceedings Commissioner) ; or
- Was there a refusal of PI without proper basis (Kim dot com)
- File a request to the commissioner
- Judicial Review?
What is the purpose of the OIA? s 4
To make OI more available to the people of NZ.
What is the principle of availability? s 5
Information should be released unless there is good reason not to
What needs to happen in the request for OIA?
Needs to be made by a person with connection to NZ, specific (if not Minister needs to help it be), if urgent, stated why,
What are the blanket reasons for refusal? s 6
Prejudices NZ security/defence, international relations, maintenance of the law, safety of a person, damage the economy
What are the negotiable reasons for refusal? s 9
If it is going to be made public soon, doesn’t exist, would be admin to collate (can be changed if so), protect privacy, breach constitutional conventions or breach legal pro privilege
What are the Information Privacy Principles?
- Agencies should only collect Pl when necessary and for a lawful purpose
- In general, Pl should be collected directly from the individual concerned
- Agencies should inform individuals of the purpose for collection and their rights of access re PI
- Collection of PI by Agencies must be by lawful and fair means
- Agencies shall store Pl safely and securely
- Rights of access to PI
- Rights to correct Pl
- Agencies to ensure Pl is up to date & accurate before using or disclosing it
- Pl not to be kept longer by Agency than necessary
- Pl collected for one purpose must not be used for another
- Pl can be disclosed only in limited circumstances (eg when authorised or anonymised)
- Agencies can only send Pl to someone overseas if it will be protected
- Unique identifiers, minimisation of the risk of misuse
What reasons can an agency refuse to release personal information?
Protection of an individual, evaluative material, security/defence/international reasons, trade secrets etc.
What does the Proceedings Commissioner case say?
The person does not have to be identifiable to everyone, a few people is enough.
What does Kim Dot Com say?
The breach of privacy had to have caused him a loss of benefit which did not happen
What does Brook Valley say?
The statute was wide enough to allow the Minister to authorise the drop of the poison.
