PRIVACY : ARANZ POSITION PAPER
1 Introduction
1.1 Society places a high value on the protection of personal privacy. Recordkeepers need to demonstrate an awareness and understanding of, and sympathy to, issues of personal privacy. These issues need to be addressed with careful consideration of various cultural contexts, especially maori.
1.2 Key principles guiding the collection and management of personal information in New Zealand are that personal information should be only collected, retained and used in relation to the original purpose; and that individuals’ rights of access to information about them are upheld.
1.3 However, in dealing with records containing personal information recordkeepers must seek to balance privacy concerns with other legitimate interests, such as freedom of information, or historical research, within the appropriate legal framework, and maintaining high levels of ethical behaviour.
1.4 Not all personal information has equal implications for privacy; further, privacy concerns may change over time. Recordkeepers believe that sufficient passage of time will generally extinguish privacy issues in respect of personal information. Many privacy rights, for example, are only held until the subjects death.
1.5 This statement reflects New Zealand privacy law in its position. The Australian Society of Archivists 1998 Position Statement on privacy is also acknowledged as a basis for the document.
2 Records Creation
2.1 Recordkeepers advise on the factors that need to be considered in creating good records. Privacy principles and requirements form a vital part of the social and legislative environment, and should be considered by recordkeepers in giving such advice. Recordkeepers thus need to be aware of and understand the privacy issues relevant to their particular area of activity.
2.2 In some cases, recordkeepers may be asked to advise on the collection of personal information as part of the conduct of business, or the inclusion of personal information in the record of business. Recordkeepers should advise records creators against collecting more personal information than is required for their direct business needs. Furthermore, wherever possible, personal information should be collected directly from the individual concerned, in a lawful, fair and reasonable manner.
3 Records Storage
3.1 Recordkeepers should act to ensure that records which contain personal information are securely stored, and are not misused. The security measures taken should be appropriate for the sensitivity of the material, and proportionate to the probability and extent of potential harm.
4 Records Retention
4.1 Decisions about the retention of records balance a range of legitimate interests in the value of records, of which the protection of privacy is but one.
4.2 A key principle of privacy is that individuals should know how personal information about them will be used. Ideally, individuals should consent to the retention regime for records containing personal information about them. Where practicable, they should be informed at time of collection of the retention regime which applies.
4.3 The retention of records is often governed by statutory or organisational rules. Privacy issues should be considered within the scope of such systematic processes. The need to protect privacy should not be the sole reason for the destruction of records. Recordkeepers believe that restricted access regimes and the use of suitably secure storage can sufficiently protect privacy, while allowing the survival of records of value for future legitimate use.
5 Access to Records
5.1 Recordkeepers play a role in the development and implementation of access regimes. They have an obligation to see that privacy issues are considered in this process. In different types of organisation, different considerations will influence the nature and source of decisions on access. The statutory regime covering access to public records in Government agencies and archives is quite different from the donor agreements used by collecting archives.
5.2 As noted above, the sensitivity of personal information changes over time. Recordkeepers should endeavour to see access arrangements which do not prolong restrictions on access when privacy concerns have been extinguished.
5.3 In the course of their work, recordkeepers will have access to records containing personal information. They must act ethically in respect of such privileged access, neither revealing nor profiting from information obtained in their work.
5.4 Subject to other legal constraints, access regimes should allow individuals access to records containing personal information about them.
6 Correction of Personal Information
6.1 In some jurisdictions, including New Zealand, individuals have the right to request the correction of personal information held about them. In responding to such a request, recordkeepers should ensure that information of ongoing value is not deleted. Particular care should be taken that such action does not compromise the value of the record as evidence of actions. The attachment of statements of amendment is preferred to protect the integrity of the original record.
Adopted: 25 August 2000, ARANZ AGM
Revalidated by ARANZ Council: 24 May 2004
Review Date: May 2007
