Collecting Personal Information

Introduction

Principles 1 to 4 govern the collection of personal information by the Community Probation Service and other agencies.

Principle 1: Purpose of collection

Principle 1 focuses on the purpose for which personal information about an offender or other person, such as a victim, can be collected.

For the Community Probation Service this means the collection of information for:

• the provision of information to the Courts or NZPB
• the purpose of administering a sentence imposed by the Court, or
• the purpose of administering conditions of release imposed by the NZPB or Court.

That a particular item of information is not ultimately included in a report does not necessarily make the collection of that information in breach of the terms of Principle 1.

Authority for the Probation Officer to collect personal information in order to carry out their official duties comes from the Sentencing Act 2002 and Parole Act 2002.

Principle 2: Source

Principle 2 focuses on the source from which any personal information about an offender or other individual is collected.

This affects the Community Probation Service in the following ways:

Collecting personal information

Collection of personal information from the individual is preferred. However, it may also be necessary for the Probation Officer to collect information from other sources if necessary:

• to avoid prejudice to the maintenance of the law, including prevention, detection, investigation, prosecution and punishment of offences
• for the enforcement of a law imposing a pecuniary penalty
• for the conduct of proceedings before any Court
• if compliance would prejudice the purpose of collection.

Gaining consent to collect personal information

If the offender's consent is not sought or obtained for the collection of information from other sources, the offender should be advised of the source of the information.

Note: There may be occasions when it is not desirable to obtain the offender's consent, such as when informing the offender may prejudice the collection of the information. In these circumstances Probation Officers are not required to gain the consent of the offender or advise them of the source.

Collecting health information

Probation Officers are authorised to collect health information from health agencies (doctors etc.) under the Health Act 1956. S.22(c) states that a health agency may disclose health information to any Probation Officer for the purpose of exercising any powers, duties or functions under the Corrections Act 2004.

Collecting financial information

Finance agencies often cite the Privacy Act as a reason for not supplying financial information when requested for the preparation of a reparation report. They are correct in doing this as there is no power in either the Corrections Act or the Privacy Act to compel a third party to provide information for a report.

If making a request for financial information from a financial agency, a standard letter is used to:

• request information for reparation reports, and/or
• obtain details of an offender's benefits from Department of Work and Income.

Reference

Refer to Principle 2 of the Privacy Act for the full list of situations where personal information may be obtained from a source other than from the individual concerned (please refer to the related links section on this page).

Principle 3: Collection from individual

Principle 3 focuses on the steps to take when collecting personal information from the individual concerned (the offender, victim or other sources).

For Community Probation Service this means that where personal information is collected directly from the individual, the Probation Officer collecting the information is to ensure that the individual concerned is aware of background facts relating to the collection of that information. These facts are to be explained before the information is collected.

The background facts to be explained include:

• the purpose for which the information is being collected
• the intended recipient(s) of the information, including who else may have access to the information
• the particular law or authority under which the collection of information is required
• whether the supply of information by that individual is voluntary or mandatory, and
• the consequences (if any) for that individual if all or any part of the required information is not provided.

Barriers to understanding

Consideration must be given to barriers that may reduce or limit understanding such as literacy difficulties, language barriers or intellectual impairment. If any of these barriers are present, further steps may need to be taken to ensure compliance with this principle.

Reference

Refer to Principle 3 of the Privacy Act for the full list of facts to be explained (please refer to the related links section on this page).

Principle 4: Manner of collection

Principle 4 focuses on the manner in which personal information is collected from any source.

For the Community Probation Service this means that:

• information must not be collected unlawfully or by unlawful means
• information collected must be limited to that which is required for the particular purpose
• consideration must be given to the physical surroundings in which the information is collected (privacy)
• the presence of others (family/whanau/sponsors or others) during an interview should be agreed with the individual, and
• any legal requirements that apply must be explained.