C.05.Res.02 Accuracy, use and disclosure of personal information

Maintaining the accuracy of, and the use and disclosure of, a prisoner’s personal information by the Department of Corrections is in accordance with the Privacy Act 1993.

Information privacy principle Number
Personal information shall not be used without first taking any steps reasonable in the circumstances to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date, complete, relevant, and not misleading. 8
The information collected for a purpose cannot be used for any other purpose unless it is believed on reasonable grounds
  • that the source of the information is a publicly available publication; or
  • that the use of the information for that other purpose is authorised by the prisoner; or
  • that non-compliance is necessary to avoid prejudice to the maintenance of the law, including the prevention, detection, prosecution and punishment of offences, or for the enforcement of a law imposing a pecuniary penalty, or for the protection of the public revenue, or for the conduct of proceedings before any court or tribunal; or
  • that the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to public health or safety, or the life of the prisoner or another individual; or
  • that the purpose for which the information is used is directly related to the purpose in connection with which the information was obtained; or
  • that the information is used in a form in which the prisoner is not identified; or
  • that the collection of the information is in accordance with an authority granted by the Privacy Commissioner under section 54 of the Privacy Act.
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No personal information shall be disclosed unless it is believed on reasonable grounds:

  • that disclosure is one of the purposes in connection with which the information was obtained or is directly related to the purposes in connection with which the information was obtained; or
  • that the source of the information is a publicly available publication; or
  • that the disclosure is to the prisoner; or
  • that the disclosure is authorised by the prisoner; or
  • that non-compliance is necessary to avoid prejudice to the maintenance of the law, including the prevention, detection, prosecution and punishment of offences, or for the enforcement of a law imposing a pecuniary penalty, or for the protection of the public revenue, or for the conduct of proceedings before any court or tribunal; or
  • that the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to public health or safety, or the life of the prisoner or another individual; or
  • that the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern; or
  • that the information is to be used in a form in which the individual concerned is not identified; or
  • that the collection of the information is in accordance with an authority granted by the Privacy Commissioner under section 54 of the Privacy Act.
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Any concerns should be directed to one of the legal advisers at National Office.