Data Protection and Use Policy

Supporting the respectful, trusted and transparent use of people's data and information

References and Useful Links

The links included here contain further information that is likely to be useful, depending on the nature of your agency's work. In each case, the references include guidance and advice on how to think about, and adopt, relevant practices that relate to the respectful use of people's information.

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Privacy Act 1993 is available on the New Zealand Legislation website.

The Office of the Privacy Commissioner (OPC) has a range of general advice that is particularly helpful in understanding the Privacy Act 1993 and a wide range of issues that arise under it. The office also provides guidance on obligations for agencies.

The Privacy Commissioner's Inquiry into the Ministry of Social Development's Collection of Individual Client-Level Data from NGOs (2017) is available on the Privacy Commissioner's website (.pdf).

Health Information Privacy Code 1994 sets specific rules for agencies in the health sector that covers health information collected, used, held and disclosed by health agencies. This takes the place of the information privacy principles for the health sector.

Guidance on Privacy Statements can be found on the OPC website, including how to go about developing a layered privacy notice. The OPC also provides a tool you can use to get started.

For website privacy statements, government agencies should also review the privacy section in the Web Usability Standard 1.3

Good examples of layered privacy statements include:

Te Arawhiti, The Office of Māori-Crown Relations, has described the responsibilities of public sector agencies to ensure that engagement with Māori is meaningful. They provide an engagement framework and a set of principles that provide advice on the importance of early engagement, and how to go about it. These are specifically relevant when Māori interests are involved, and generally useful as a summary of good practice.

Te Mana Raraunga, the Māori Data Sovereignty Network, puts forward principles to consider for trusted use of Māori data, including a Māori Data Audit Tool.

Te Ara Tika: Guidelines for Māori research ethics is a framework for addressing Māori ethical issues for researchers and ethics committees.

The 5 Safes Framework & Tikanga (.pdf) aligns Māori tikanga against the 5 Safes Framework.

The Ministry of Pacific Peoples publishes a range of advice to support effective engagement with Pacific Peoples, for example in Kapasa The Pacific Policy Analysis Tool. 

The Office of Disability Issues publishes a range of advice on effective support for, and engagement with, disabled people, including information on the role of Disabled People’s Organisations and how to seek their involvement in the policy advice process. They provide guidance for policy makers seeking to understand the 'social model' of disability, and how to include a disability perspective.

Leading the way in accessible information gives guidance on providing accessible information for disabled people.

The Child Impact Assessment Tool has been developed to help assess whether policy proposals will improve the wellbeing of children and young people.

Sharing personal information of families and vulnerable children (.pdf) provides guidance for inter-disciplinary groups on whether sharing information is appropriate and legal.

The Ministry of Social Development's Privacy Human Rights and Ethics framework is a set of capabilities and tools to ensure that issues of privacy, human rights and ethics are considered from the design stage of a new initiative.

The Data Ethics Advisory Group enables government agencies to test ideas, policy, and proposals related to new and emerging uses of data.

Health and Disability Ethics Committees check that proposed health and disability studies meet established ethical standards in order to protect participants.

New Zealand Royal Society details the Code of Professional Standards & Ethics in Science, Technology, and the Humanities (.pdf).

The Clearing House describes a Code of Practice for the community and voluntary sector (.pdf).

Aotearoa New Zealand's Association of Social Workers' Code of Ethics provides helpful guidance, for example, dealing with client confidentiality.

Information sharing to support tamariki wellbeing (.pdf) provides guidance for sharing information across the child welfare and protection sector in line with the Oranga Tamariki Act 1989.

Sharing information safely (.pdf) provides guidance on sharing personal information under the Family Violence Act 2018

The Data Futures Partnership published A Path to Social Licence: Guidelines for Trusted Data Use in 2017, based on broad engagement with New Zealanders.

Stats NZ and OPC jointly published Principles for the safe and effective use of data and analytics in May 2018. These Principles note the criticality of ensuring that data is fit for purpose and that the right data is used in the right context, and the importance of transparency and inclusion through consultation with stakeholders.

The Human Rights Commission’s 2018 publication Privacy, Data and Technology: Human Rights Challenges in the Digital Age addresses the impact of digital technology on the right to privacy; providing information on the International Human Rights Framework, safeguards and emerging issues.

The Ombudsman provides resources on fair interactions with government agencies and resources to assist agencies, including guidance on the rights of people with disabilities and the Official Information Act.

New Zealand Government Open Access and Licensing framework (NZGOAL) provides all-of-government guidance for agencies to follow when releasing copyright works and non-copyright material for reuse by others.

The New Zealand Government's customer-centred Service Design Principles provide advice on designing services with empathy and understanding of service users' experiences, needs and desired outcomes.

From Listening to Learning (.pdf) describes how SWA analysed and summarised what was heard in the 'Your voice, your data, your say' engagement on investing for social wellbeing and the protection and use of data.

What you told us (.pdf) is a record of the findings from the SWA facilitated engagement on investing for social wellbeing and the protection and use of data, that informed this Policy.