2015-Aug 14: Privacy/OIA Requests Releasable Information

Visa Pak 224 - Reminder to staff about Privacy/OIA Requests and what is Releasable Information.

Visa Paks

14 August 2015

Privacy/OIA Requests Releasable Information

Context

    (a) There has been a recent increase in the number of Privacy/OIA requests from Advisors and Lawyers for the release of information relating to officers accessing client files within AMS. This information is releasable under the Privacy Act Policy 2005 (the Act).

Consequently, if you are not the officer processing the application but need to work on it for some other reason, it is very important to enter a note in AMS recording the reason why you have accessed the file.  Not doing so may result in queries about the reason for access and whether it was authorized.

    (b) Section A6 of the Act describes, “What information is covered or what amounts to “Personal Information” states that individuals have a right of access to “personal information”. “Personal information is defined as “information about an identifiable individual”. The right is to information, regardless of the form in which the information is held”. 

It is crucial to understand the extent of the information we are required to provide as requests for information can easily escalate into complaints if we do not provide all the information we hold.

Requests for personal information can depending on the request cover everything on our paper filing systems, on our electronic systems, and departmental information in the memory of officials (to the extent it can be accurately remembered) that is not otherwise physically recorded somewhere. No categories of information or document are excluded. For example it covers drafts!

Given the comprehensive nature of the above, it can be misleading to try and list types of documents. But the list below of things that you might not think are covered is intended to demonstrate that everything we have is or might contain something that contains “personal information”:

  • Drafts of papers or letters, if still held
  • Emails (including those dealing with routine processes such as setting up meetings)
  • Media logs
  • Computer storage devices
  • Magnetic tapes
  • Notes of meetings/interviews
  • Information held by an agent of  MBIE doing work on our behalf (e.g. a consultant or contractor)
  • Oral advice (whether internally or externally, such as to a Minister)
  • Recollections of an un-minuted meeting
  • Information provided to INZ by others
  • Aide memoirs
  • Documents not on letterhead

Creating “dummy” files, or storing personal information in a separate location from the main file, does not affect INZ’s obligations to review and provide access to that information. It is important that all staff members understand that releasable information at times will mean their names are released as part of the releasable information the requester is entitled to under the law.

This information is to be provided to staff members and discussed for their understanding and awareness.