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New Zealand: OPC dismisses case against the Ministry of Children

The Office of the Privacy Commissioner ('OPC') published, on 16 April 2021, a case note concerning access to an individual's criminal records by Oranga Tamariki, the Ministry of Children. In particular, the OPC considered whether, by seeking the individual's criminal history and disclosing it to his partner without his consent, the Ministry had breached the individual's privacy and Information Privacy Principles 1, 2, 4, and 11 of the Privacy Act 2020.

In this regard, the OPC concluded that the Ministry had not interfered with the individual's privacy, citing that the Ministry is empowered under Section 66 of the Oranga Tamariki Act 1989 to collect such information for the purposes of determining whether a child or young person is in need of care or protection.

You can read the case note here.

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