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Interrelationship between the Privacy Act & the Public Records Act Blair Stewart

Interrelationship between the Privacy Act & the Public Records Act Blair Stewart Assistant Privacy Commissioner ARANZ Conference, Dunedin 28 August 2008. [advertisement] Privacy Awareness Week. 24 – 30 August 2008. A Clash Between ‘Good’ and ‘Fair’ Information Handling?.

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Interrelationship between the Privacy Act & the Public Records Act Blair Stewart

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  1. Interrelationship between the Privacy Act & the Public Records Act Blair Stewart Assistant Privacy Commissioner ARANZ Conference, Dunedin 28 August 2008

  2. [advertisement]Privacy Awareness Week 24 – 30 August 2008

  3. A Clash Between ‘Good’ and ‘Fair’ Information Handling? • Privacy Act 1993 • Public Records Act 2005 Privacy Act Public Records Act

  4. Sectors Information All Information Privacy Act All Sectors Personal Information – Privacy Act Public Sector - PRA Private Sector Govt held PRA Government – held information Information Processing (pre-PRA) Information Processing (pre-PRA) All Information -PRA Privacy Act – collection, use, disclosure etc Personal Information – Privacy Act • retention, • access • Archives Information Processing (post-PRA) Information Processing (post-PRA) Privacy Act – use, disclosure • Collection, retention, • access • PRA

  5. Privacy Act 1993 • Principled legislation • Framework for protection of personal information (information life cycle – collection to destruction)

  6. Public Records Act 2005 • ‘Sea change’ to recordkeeping framework • Purpose driven approach • Promoting accountability and enhancing public confidence

  7. Retention Issues • Potential for tension • Similar philosophies • Storage issues in the digital age

  8. Access Issues

  9. Appraisal

  10. Competing Public Interests • Individual’s right to privacy • Archival value

  11. Any questions?

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