North Shore City Council draft CCTV policy

Attachment

Relevant Privacy Principles

Rational Requirements Glossary

Principle 1 - Purpose of collection of personal information

Personal information shall not be collected by any agency unless—

(a)       The information is collected for a lawful purpose connected with a function or activity of the agency; and

(b)       The collection of the information is necessary for that purpose.

Principle 3 -  Collection of information from subject

(1)       Where an agency collects personal information directly from the individual concerned, the agency shall take such steps (if any) as are, in the circumstances, reasonable to ensure that the individual concerned is aware of—

(a)       The fact that the information is being collected; and
(b)       The purpose for which the information is being collected; and
(c)        The intended recipients of the information; and
(d)       The name and address of—
(i)         The agency that is collecting the information; and
(ii)        The agency that will hold the information; and
(e)       If the collection of the information is authorised or required by or under law,—
(i)         The particular law by or under which the collection of the information is so authorised or required; and
(ii)        Whether or not the supply of the information by that individual is voluntary or mandatory; and
(f)         The consequences (if any) for that individual if all or any part of the requested information is not provided; and
(g)       The rights of access to, and correction of, personal information provided by these principles.

(2)       The steps referred to in subclause (1) of this principle shall be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected.

(3)       An agency is not required to take the steps referred to in subclause (1) of this principle in relation to the collection of information from an individual if that agency has taken those steps in relation to the collection, from that individual, of the same information or information of the same kind, on a recent previous occasion.

(4)       It is not necessary for an agency to comply with subclause (1) of this principle if the agency believes, on reasonable grounds,—

(a)       That non-compliance is authorised by the individual concerned; or
(b)       That non-compliance would not prejudice the interests of the individual concerned;    or
(c)        That non-compliance is necessary—
(i)         To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii)        For the enforcement of a law imposing a pecuniary penalty; or
(iii)       For the protection of the public revenue; or
(iv)       For the conduct of proceedings before any court or [tribunal] (being proceedings that have been commenced or are reasonably in contemplation); or

(d)       That compliance would prejudice the purposes of the collection; or
(e)       That compliance is not reasonably practicable in the circumstances of the particular case; or
(f)         That the information—
(i)         Will not be used in a form in which the individual concerned is identified; or
(ii)        Will be used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned.

Principle 4 - Manner of collection of personal information

Personal information shall not be collected by an agency—

(a)       By unlawful means; or
(b)       By means that, in the circumstances of the case,—
(i)         Are unfair; or
(ii)        Intrude to an unreasonable extent upon the personal affairs of the individual concerned.

Principle 5 - Storage and security of personal information

An agency that holds personal information shall ensure—

(a)       That the information is protected, by such security safeguards as it is reasonable in the circumstances to take, against—
(i)         Loss; and
(ii)        Access, use, modification, or disclosure, except with the authority of the agency that holds the information; and
(iii)       Other misuse; and

(b)       That if it is necessary for the information to be given to a person in connection with the provision of a service to the agency, everything reasonably within the power of the agency is done to prevent unauthorised use or unauthorised disclosure of the information.

Principle 6 - Access to personal information

(1)       Where an agency holds personal information in such a way that it can readily be retrieved, the individual concerned shall be entitled—

(a)       To obtain from the agency confirmation of whether or not the agency holds such personal information; and
(b)       To have access to that information.

(2)       Where, in accordance with subclause (1)(b) of this principle, an individual is given access to personal information, the individual shall be advised that, under principle 7, the individual may request the correction of that information.

Principle 9 - Agency not to keep personal information for longer than necessary

An agency that holds personal information shall not keep that information for longer than is required for the purposes for which the information may lawfully be used.

Principle 10 - Limits on use of personal information

An agency that holds personal information that was obtained in connection with one purpose shall not use the information for any other purpose unless the agency believes, on reasonable grounds,—
(a)       That the source of the information is a publicly available publication; or
(b)       That the use of the information for that other purpose is authorised by the individual concerned; or
(c)        That non-compliance is necessary—
(i)         To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii)        For the enforcement of a law imposing a pecuniary penalty; or
(iii)       For the protection of the public revenue; or
(iv)       For the conduct of proceedings before any court or [tribunal] (being proceedings that have been commenced or are reasonably in contemplation); or
(d)       That the use of the information for that other purpose is necessary to prevent or lessen a serious and imminent threat to—
(i)         Public health or public safety; or
(ii)        The life or health of the individual concerned or another individual; or
(e)       That the purpose for which the information is used is directly related to the purpose in connection with which the information was obtained; or
(f)         That the information—
(i)         Is used in a form in which the individual concerned is not identified; or
(ii)        Is used for statistical or research purposes and will not be published in a form that could reasonably be expected to identify the individual concerned; or
(g)       That the use of the information is in accordance with an authority granted under section 54 of this Act.

Principle 11 - Limits on disclosure of personal information

An agency that holds personal information shall not disclose the information to a person or body or agency unless the agency believes, on reasonable grounds,—

(a)       That the disclosure of the information 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
(b)       That the source of the information is a publicly available publication; or
(c)        That the disclosure is to the individual concerned; or
(d)       That the disclosure is authorised by the individual concerned; or
(e)       That non-compliance is necessary—
(i)         To avoid prejudice to the maintenance of the law by any public sector agency, including the prevention, detection, investigation, prosecution, and punishment of offences; or
(ii)        For the enforcement of a law imposing a pecuniary penalty; or
(iii)       For the protection of the public revenue; or
(iv)       For the conduct of proceedings before any court or [tribunal] (being proceedings that have been commenced or are reasonably in contemplation); or
(f)         That the disclosure of the information is necessary to prevent or lessen a serious and imminent threat to—
(i)         Public health or public safety; or
(ii)        The life or health of the individual concerned or another individual; or
(g)       That the disclosure of the information is necessary to facilitate the sale or other disposition of a business as a going concern; or
(h)        That the information—
(i)         Is to be used in a form in which the individual concerned is not identified; or
(ii)        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 individual concerned; or
(i)         That the disclosure of the information is in accordance with an authority granted under section 54 of this Act.