DPUP —information sharing guidelines

The Data Protection and Use Policy (DPUP) is designed to work well with the Privacy Act 2020, Oranga Tamariki Act 1989 and Family Violence Information Sharing provisions.

Together they empower agencies to work ethically and legally when they collect, use or share data or information about people as part of their work.

The Privacy Act 2020 has 13 information privacy principles that must be followed. They cover things like collecting, storing, using or disclosing (sharing) personal information.

The Privacy Act 2020 says you can, if necessary, share personal information to prevent or lessen a serious threat to either:

• public health or public safety
• the life or health of that person, or of another person.

For example, this might relate to concerns for a child’s safety, family violence, or mental health.

Above and beyond the Privacy Act 2020

The Oranga Tamariki information sharing provisions and Family Violence information sharing guidance have additional obligations and abilities that are above and beyond the Privacy Act 2020. If these apply, all other parts of the Act (for example, safe storage) still need to be met.

The Family Violence guidance and DPUP encourage transparency with people about sharing their personal information whenever possible (if it’s safe and makes sense given the person’s age, competence and situation). The Oranga Tamariki provisions require this.

Nothing in DPUP contradicts the Privacy Act 2020. Rather DPUP:

• describes what is reasonable and fair with respect to privacy, information collection and use
• defines principles about common expectations for values and behaviours to refer to when working with people’s information
• describes Privacy Act 2020 principles in the day-to-day context for agencies
• goes further than the Privacy Act 2020 by describing expectations for the transparent, trustworthy and respectful use of people’s information, even when it doesn’t or can’t identify them.

Check if these laws or guidance apply to your agency

Oranga Tamariki Act 1989 — information sharing provisions

This applies to the child welfare and protection sector when sharing personal information between different child protection and wellbeing agencies for the safety and wellbeing of tamariki.

Information sharing — Oranga Tamariki

Family Violence Act 2018 — information sharing guidance

This applies to the family violence sector when sharing personal information between agencies to respond to, and protect people from, family violence.

Information sharing guidance — Ministry of Justice

Where the information sharing guidelines overlap

The Oranga Tamarikiand Family Violence information sharing guidelines overlap when people share personal information in relation to concerns about the safety of tamariki because of, and to respond to, family violence.

The Data Protection and Use Policy

This sets out 5 Principles and 4 Guidelines about collection and use of data or information from or about people that can or cannot identify who they are, for any purpose.

Data Protection and Use Policy

The Privacy Act 2020

Sets out legal requirements about privacy that apply to almost every person, business and organisation in New Zealand. The Privacy Act 2020 includes privacy principles that guide how personal information, that does, or can, identify people, can be collected, used, stored and shared.

Privacy Act 2020 — Parliamentary Counsel Office