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| Some References, Definitions, and Notes Used by WhistleBlowers | ||||||||
Excerpts from Privacy Principles
Principle 1 - Manner and purpose of collection of personal information
1. Personal information shall not be collected by a collector
for inclusion in a record or in a generally available
publication unless:
(a) the information is collected for a purpose that is
a lawful purpose directly related to a function or activity
of
the collector; and
(b) the collection of the information is necessary for
or directly related to that purpose.
2. Personal information shall not be collected by a collector by unlawful or unfair means.
Principle 3 - Solicitation of personal information generally
Where:
(a) a collector collects personal information for inclusion
in a record or in a generally available publication;
and
(b) the information is solicited by the collector:
the collector shall take such steps (if any) as are,
in the circumstances, reasonable to ensure that, having regard
to the
purpose for which the information is collected:
(c) the information collected is relevant to that purpose
and is up to date and complete; and
(d) the collection of the information does not intrude
to an unreasonable extent upon the personal affairs of the
individual
concerned.
Principle 8 - Record-keeper to check accuracy etc of personal information before use
A record-keeper who has possession or control of a record that contains personal information shall not use that information without taking such steps (if any) as are, in the circumstances, reasonable to ensure that, having regard to the purpose for which the information is proposed to be used, the information is accurate, up to date and complete.
Principle 9 - Personal information to be used only for relevant purposes
A record-keeper who has possession or control of a record that contains personal information shall not use the information except for a purpose to which the information is relevant.
Principle 10 - Limits on use of personal information
1. A record-keeper
who has possession or control of a record that contains
personal information that was obtained for a
particular purpose shall not use the information
for any other purpose unless:
(a) the individual concerned has consented to use of
the information for that other purpose;
(b) the record-keeper believes on reasonable grounds
that use of the information for that other purpose is necessary
to
prevent or lessen a serious and imminent threat to the
life or health of the individual concerned or another person;
(c) use of the information for that other purpose is
required or authorised by or under law;
(d) use of the information for that other purpose is
reasonably necessary for enforcement of the criminal law or
of a law imposing
a pecuniary penalty, or for the protection of the public
revenue; or
(e) the purpose for which the information is used is
directly related to the purpose for which the information was
obtained.
Principle 11 - Limits on disclosure of personal information
1. A record-keeper who has possession or control of a record
that contains personal information shall not disclose the information
to a person, body or agency (other than the individual concerned)
unless:
(a) the individual concerned is reasonably likely to have
been aware, or made aware under Principle 2, that information
of that kind is usually passed to that person, body or agency;
(b) the individual concerned has consented to the disclosure;
(c) the record-keeper believes on reasonable grounds that
the disclosure is necessary to prevent or lessen a serious and
imminent threat to the life or health of the individual concerned
or of another person;
(d) the disclosure is required or authorised by or under
law; or
(e) the disclosure is reasonably necessary for the enforcement
of the criminal law or of a law imposing a pecuniary penalty,
or for the protection of the public revenue.
2. Where personal information is disclosed for the purposes of enforcement of the criminal law or of a law imposing a pecuniary penalty, or for the purpose of the protection of the public revenue, the record-keeper shall include in the record containing that information a note of the disclosure.
3. A person, body or agency to whom personal information is disclosed under clause 1 of this Principle shall not use or disclose the information for a purpose other than the purpose for which the information was given to the person, body or agency.