- To explain how personal information is managed by Harness Racing New Zealand (“HRNZ”)
- To ensure compliance with the Privacy Act 1993
- Confidentiality means a duty to protect and hold in strict confidence all information concerning a person.
- Personal Information means information about an identifiable individual.
- HRNZ will appoint a privacy officer.
The purpose for collecting personal information at HRNZ is to facilitate the purposes of HRNZ which are:
- To contribute to and drive growth within the harness industry;
- To provide effective and efficient support services; and
- To regulate the harness industry
In order to achieve its purposes, HRNZ collects personal information relevant to those purposes in compliance with the laws of New Zealand.
When collecting personal information, HRNZ will identify:
- the purposes for which personal information is collected;
- who has access to the information
- information which must be provided either by law or otherwise; and
- information which is optional
When collecting personal information, HRNZ will advise that the person has a right to request access and request correction of his or her personal information.
HRNZ will collect information in a fair manner:
- Unless required for a specified and necessary purpose, no person will be be electronically recorded including photographed, videotaped or audiotaped without their knowledge and, if necessary, consent
- If any person wishes to discuss personal matters confidentially then HRNZ will provide opportunity for such a discussion, subject to the personal safety requirements of any other policy.
Storage and Security of Personal Information
HRNZ will take reasonable steps:
- to protect personal information from loss, unauthorised access, use, modification and disclosure
- to ensure that prior to use, personal information is accurate, up to date, complete, relevant and not misleading.
HRNZ keeps files in a secure location, and information within them are accessed only by authorised staff.
Other steps taken by HRNZ to keep personal information secure include: keeping material not currently in use in locked filing cabinets/cupboards; ensuring personal information is not able to be seen by unauthorised people; locking offices while not in use; ensuring personal information is not left on desks or open work spaces overnight.
If a staff member needs to take work home, he or she will ensure that any material travels securely (it is in a briefcase or fully enclosed envelope, file or folder) and is either not left unattended in or near a motor vehicle or is not visible from outside the motor vehicle. Staff will also take all reasonable steps to ensure such material is not accessed by unauthorised people at home.
Personal information is not sent by e-mail unless, in all the circumstances, it is reasonable to send personal information by e-mail and in those circumstances, HRNZ will check to make sure the email is addressed to the correct recipient and any necessary encryption or security measures are used.
It is unacceptable for any staff member at HRNZ to intentionally breach the Privacy Act, read or copy personal information when unauthorised to do so, use personal information for a purpose other than the HRNZ purposes without consent.
Access to and Correction of Personal Information by the Individual
Any person or their authorised agent (in writing) may ask HRNZ whether personal information is held about him or her and have access to such information if it exists subject to the exceptions contained in Part IV of the Privacy Act. Access is not limited to “the file” and may include diary notes and/or other material in separate files.
In these circumstances HRNZ will:
- Check the identity of the requester,
- Provide assistance to the requester if necessary
- Transfer the request if personal information is not held by HRNZ and HRNZ is aware of another agency holding personal information.
- Identify if personal information is held and identify if any personal information is to be withheld pursuant to sections 27-29 of the Privacy Act
- Respond to the request as soon as practicably but no later than 20 working days after the request is made (unless it is necessary to seek an extension)
- Provide information in the way asked by the requester unless to do so would impair efficient administration. This can include providing an opportunity to inspect a file (under supervision to protect the integrity of the file and to provide explanations if necessary), providing the individual with a copy of any document, furnishing oral information about a file’s contents and giving a summary of the contents.
- If the request for access is declined, HRNZ will explain why the request is declined and advise the requester of his/her right to complain to the Office of the Privacy Commissioner.
If the requester says that information held is incorrect (with which HRNZ agrees) or a staff member is aware that incorrect information is held, HRNZ will take practicable steps to have the file corrected immediately with any change noted carefully to ensure that an adequate audit trail of changes exists.
If HRNZ does not agree with a request for correction, then the requester will be given an opportunity to have a statement of correction held with the information. The information and correction will be held in such a way so that anyone accessing the file will understand the two positions are held on file.
Retention and Disposal of Personal Information
HRNZ does not keep personal information for longer than is required for its necessary purpose without consent from the individual concerned, unless required by statute or other regulation.
If personal information is to be destroyed then documents will either be shredded or placed in a locked bin which has the contents disposed of in a confidential and secure manner; and with expert assistance if disposing of computer based material.
Disclosure of Personal Information to Third Parties
HRNZ does not disclose personal information to third parties except that it may do so in the following circumstances:
- it is for one of HRNZ’s necessary purposes;
- the situation is covered by one of the exceptions set out in principle 11 of the Privacy Act
- HRNZ will disclose personal information without a request if there is another legal requirement to release the information.
- HRNZ uses electronic images for its newsletter and/or website if the image is taken in a public area or with the consent of the person/s in the image.
- HRNZ staff members do not give personal information out over the phone or send the personal information by facsimile, unless the staff member is reasonably satisfied that the receiver is a person to whom personal information may be disclosed.
- If HRNZ investigates a complaint or disciplinary matter, the complainant will be advised from the outset that while it is the usual practice of HRNZ to advise the complainant that an outcome has been reached, he or she may not receive full details of the action (if any) taken against that person.
- If HRNZ receives an enquiry from the Police, process servers from the Court or Other Government Officials then the request will be managed by HRNZ’s privacy officer or his/her delegate