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Requesting information about persons that opted out

Lily made this Official Information request to New Zealand Transport Agency

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From: Lily

Dear New Zealand Transport Agency,
I have two questions of the same topic.

1. If you have opted out of your information being displayed on the motor register are organizations, such as a parking enforcement company, allowed to hold on to your information? Also are they able to give your information to a third party?

2. If they have applied for your opted out information are they allowed to use it multiple different times without requesting the information from Waka Kotahi again or must they reapply to have access to that opted out information?

Yours faithfully,
Lily

Link to this

From: Info@nzta.govt.nz
New Zealand Transport Agency


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Kia ora Lily

 

Thank you for your email.

 

Some parking companies have an authorised S241 account with us which means
they can access vehicle details, current and historical company ownership
information. They can also access current private individual names and
addresses even if the individual has [1]opted-out. However, they cannot
access historical private individual names and addresses.

 

There is some useful information in the below link:

 

[2]Frequently asked questions | Waka Kotahi NZ Transport Agency
(nzta.govt.nz)

 

All entities authorised under Section 241 are subject to terms and
conditions.

 

Are companies allowed to hold on to your information?

 

Information obtained for a specified purpose under Section 241 should not
be retained longer than is needed to achieve the specified purpose. In
simple terms, once they have used it for the reason why they got it, they
shouldn’t keep it any longer. This is covered in our standard terms
condition as follows:

“The User must have adequate systems and policies in place that prevent
unauthorised access from occurring, including to:

o provide security of information technology and data against
unauthorised access; and
o ensure all staff members who use or have access to the motor vehicle
register have completed training that complies with clauses 9 and 10;
and
o ensure information accessed from the motor vehicle register is limited
to information needed to achieve the specific purpose for which the
information is accessed; and
o ensure personal information is retained no longer than is necessary
for the specific purpose for which information is accessed; and
o assist the User to identify unauthorised access, or suspected
unauthorised access, including having individual log-ins under clause
5.”

 

And is also covered in Information Privacy Principal 9 of the Privacy Act
2020 which states that:

“An agency that holds personal information must not keep that information
for longer than is required for the purposes for which the information may
lawfully be used.”

 

Are they able to give your information to a third party?

 

Our standard terms and conditions state that: “Information obtained under
this authorisation shall not be disclosed to any third party unless such
disclosure is necessary to achieve a specified purpose.”

This is also covered in Information Privacy Principal 11 of the Privacy
Act 2020, Limits on disclosure of personal information.
[3]https://www.legislation.govt.nz/act/publ...

 

If they have applied for your opted out information are they allowed to
use it multiple different times without requesting the information from
Waka Kotahi again or must they reapply to have access to that opted out
information?

 

Assuming this is in the context of an MR31 application, where we assess an
individual request for the details of a person who has opted out, we
advise as part of our standard response “Please note that the use of this
information is restricted only to the purposes outlined in your
application.” Or if there is any ambiguity in the application we may
supply some context for example, “Please note that the use of this
information is restricted only to the purposes of processing and assessing
the above noted insurance claim number.” Therefore if may be used more
than once without a new request, but only for the specific purpose for
which it was obtained, not for any other reason.  

 

Ngā mihi

 

 

Chanell Seal ([4]She/Her)

Senior Customer Response Representative, Customer Response
Te Rōpu Waeture | Regulatory Services

Email: [5][email address]

Waka Kotahi NZ Transport Agency
[6]twitter | [7]youtube | [8]facebook

[9][IMG]

 

[10][IMG]                  [11][IMG][12][IMG] [13]Adobe Systems

 

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