Information Sharing Guidelines

This 1 page document outlines how the Policy, The Privacy Act, the Oranga Tamariki Information Sharing Provisions, and the Family Violence Information Sharing guidance work together.

It’s a 5-minute read.

How the Policy relates to the Oranga Tamariki Information Sharing Provisions and Family Violence information Sharing rules

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

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

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

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

  • Public health or public safety; or
  • 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.

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

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

Nothing in the Data Protection and Use Policy contradicts the Privacy Act, rather the Policy:

  • Describes what the social sector has said 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 principles in the day-to-day context of the sector.
  • Goes further than the Privacy Act by describing the sector’s expectations for the transparent, trustworthy and respectful use of people’s information, even when it doesn’t or can’t identify them.

How do I know if these 4 areas of legislation or guidance apply to my work?

Oranga Tamariki Act 1989 - Information Sharing Provisions:

orangatamariki.govt.nz/working-with-children/information-sharing/information

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.

Family Violence Act 2018 – Information Sharing Guidelines.

justice.govt.nz/justice-sector-policy/key-initiatives/reducing-family-and-sexual-violence/a-new-family-violence-act/information-sharing-guidance/

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

These two information sharing guidelines overlap

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

The Data Protection and Use Policy - dpup.swa.govt.nz

Sets out five Principles and four Guidelines about collection and use of data or information from or about people (that can or can’t identify who they are) in the social sector, for any purpose.

The Privacy Act - Privacy Act 2020

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