Use and Disclosure of Personal Information

Introduction

Principles 8 to 11 govern how an agency can use and disclose personal information.

Principle 8: ensuring information is accurate

Principle 8 focuses on the requirements for checking the accuracy of personal information before it is used.

For Community Probation Service this means that personal information held should not be used without first ensuring that the information is:

• accurate
• up-to-date
• complete
• relevant, and
• not misleading.

In keeping with this, at the pre-sentence stage for example, it is important that the individual has the opportunity to read any report prepared on them prior to it being used in Court.

If the individual has a dispute with any information contained in the report, they must be advised of their rights in terms of requesting correction or challenging the report in Court.

The Probation Officer should ensure that the subject of the report:

• has read the report or had it read to them
• understands that they have the right to dispute any information contained in the report or to have any inaccuracies corrected
• understands that any notes taken during the report interview will be kept for 12 months and then securely destroyed, and
• signs a receipt outlining their understanding of the above.

Principle 9

Principle 9 focuses on the requirements for ensuring Community Probation Service does not keep personal information for longer than necessary.

For the Community Probation Service this means that all offender files and other documentation are to be destroyed by secure means after the required period of time.

Reference: Vol 2, Part IV, Ch 5, Administration (please refer to the related links section on this page) .

Principle 10

Principle 10 focuses on the limits on the uses that can be made of personal information.

For the Community Probation Service, this means that information collected for one purpose shall not be used for any other purpose, unless one of the exceptions in Principle 10 apply. Exceptions include:

• the individual authorises the use of the information for the other purpose
• disclosure is necessary to avoid prejudice to the maintenance of the law, including the prevention, detection, investigation, prosecution and punishment of offences
• the use for another purpose is necessary to prevent or lessen a serious and imminent threat to public health or safety or to the life or health of the individual concerned or another individual, and
• the information will only be used in a form in which the individual concerned is not identified.

Principle 10 example

If information is collected by a Probation Officer for the purpose of preparing a report for the Court, and a threat to an offender's life or health is discovered in the process, that information may be used by the Department of Corrections to take necessary steps to remove that threat.

Principle 11

Principle 11 focuses on the limits regarding to whom personal information may be disclosed.

For the Community Probation Service this means personal information is not to be disclosed to another person or organisation unless certain conditions exist.

Conditions include that the:

• individual has authorised the disclosure
• information is publicly available
• information will only be used in a form in which the individual concerned is not identified, and
• disclosure is required for reasons outlined in the exceptions listed in Principle 10.

Requests for personal information from others

Requests for information made under the Official Information Act cannot be refused by referring to the Privacy Act.