Printed from https://fyi.org.nz/request/19927-a-request-to-acquire-an-e-copy-and-or-a-hard-copy-of-a-complete-own-personal-service-file-by-a-staff-of-a-new-zealand-company on April 21, 2024 00:47

A request to acquire an e-copy and/ or a hard copy of a complete own personal service file by a staff of a New Zealand company

Mojo made this Official Information request to Privacy Commissioner

The request was successful.

From: Mojo

Dear Privacy Commissioner,

I have a quick question.

Isn't it a New Zealand business' responsibility to provide a soft copy of the service file if requested in that format, and/or a hard copy by a courier instead of being picked up in person?
Since especially in COVID-19 drastic times, not only it is difficult, but it could be inconvenient to collect in person sometime. Are there guidelines that either via secured mail or couriering, it could be accomplished? Otherwise, it could be a way of harassment: to insist to come and collect from a distant place of work, even though within New Zealand. Any clause which could advise them to comply with the request for a soft copy of the service files.

Much appreciated!

Yours faithfully,

Mojo

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From: Enquiries
Privacy Commissioner

Kia ora Mojo,

 

We note that the best place to direct questions about privacy, rather than
requests for Official Information, is to our Office’s Enquiries email
([1][email address]), or you can look at our [2]AskUs (FAQs)
knowledge base.

 

Generally, individuals have a right to request their personal information
under the Privacy Act ([3]principle 6). That’s not an absolute right, and
agencies may withhold some or all of the information concerned for one of
the withholding grounds set out at that link (one example is if the
information is legally privileged).

 

If an agency decides to release information to the requestor, it must make
the information available in the way preferred by the requestor, unless an
exception applies ([4]section 56 of the Privacy Act). However, this refers
to the form – so, for example, soft vs hard copy – rather than how it’s
delivered. The Privacy Act doesn’t address the method the information is
delivered by. An agency should be able to discuss delivery method with the
requestor, however.

 

Please let us know if you have any other questions.

 

Aku mihi

 

Enquiries Team

 

References

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2. https://privacy.org.nz/tools/knowledge-b...
3. https://privacy.org.nz/privacy-act-2020/...
4. https://www.legislation.govt.nz/act/publ...

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