Maintaining the accuracy of, and the use and disclosure of, a prisoner’s personal information by the Department of Corrections must be in accordance with the Privacy Act 2020.
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Corrections must not use or disclosed personal information without taking any steps that are, in the circumstances, reasonable to ensure that the information is accurate, up to date, complete, relevant, and not misleading.
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Personal information obtained in connection with one purpose cannot be used for any other purpose unless it is believed on reasonable grounds: - that the purpose for which the information is to be 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used in a form in which the prisoner is not identified; or is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the prisoner; or
- that the use of the information for that other purpose is authorised by the prisoner; or
- that the source of the information is a publicly available publication and that, in the circumstances of the case, it would not be unfair or unreasonable to use the information; or
- that use of the information for that other purpose is necessary:
- to avoid prejudice to the maintenance of the law, including prejudice to the prevention, detection, investigation, prosecution and punishment of offences, or
- for the enforcement of a law imposing a pecuniary penalty, or
- for the protection of 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 threat to public health or safety, or the life or health of the prisoner or another individual.
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Personal information must not be disclosed to any other agency or any other person 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 disclosure is to the prisoner; or
- that the disclosure is authorised by the prisoner; or
- that the source of the information is a publicly available publication and, in the circumstances of the case, it would not be unfair or unreasonable to disclosure the information; or
- that disclosure of the information is necessary:
- to avoid prejudice to the maintenance of the law, including prejudice to the prevention, detection, investigation, prosecution, and punishment of offences, or
- for the enforcement of a law imposing a pecuniary penalty, or
- for the protection of 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 threat to public health or safety, or the life or health of the prisoner or another individual; or
- that the disclosure of the information is necessary to enable an intelligence and security agency to perform any of its functions; or
- that the information is to be used in a form in which the prisoner is not identified; or is to be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the prisoner; or
that the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern.
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Any concerns should be directed to one of the legal advisers at National Office.
