Grounds to share health status info from the Privacy Commissioner

Erika Whittome made this Official Information request to Privacy Commissioner

Response to this request is long overdue. By law Privacy Commissioner should have responded by now (details and exceptions). The requester can complain to the Ombudsman.

From: Erika Whittome

Dear Privacy Commissioner,
This website of yours says that :

"Employers that have a legitimate need to know an employee’s vaccination status "

Would you please share the minutes, emails and any correspondence and policy documents for the decision to publish the above saying that an employer has a legitimate reason to ask health status of a worker

Please include any legal discussions and legal advice, and also refer to the specific sections of the Health and Safety at Work Act 2015 as the basis for this statement.....especially any discussions around section 168 (4) of the Health and Safety at Work Act 2015.

I would like all the memos, correspondence and meeting minutes including legal advice that occurred prior to this advice being published on your website in 2021.

Please share any inter agency correspondence regarding the decision for this eg with Worksafe, MBIE, the MoH, Crown Law etc

In Sep 2021, this statement or similar was nowhere on the same "Covid" webpage (

So I assume this "covid" advice came about later in 2021 or early 2022 on the Privacy Commision's webpage.

Yours faithfully,

Erika Whittome

Link to this

From: OIA
Privacy Commissioner

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Attachment 2024 05 30 OIA response.pdf
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Attachment OIA attachment.pdf
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Tçnâ koe


Please find attached the Privacy Commissioner’s response to your official
information response and enclosure.



Aku mihi


Sharyn Leonard

Executive Assistant (Legal) | Kaiâwhina Mâtâmua, Taha Ture


Office of the Privacy Commissioner  Te Mana Mâtâpono Matatapu
PO Box 10094, The Terrace, Wellington 6143 


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From: Erika Whittome

Dear OIA,
You have shared a few emails however the following information is not in your response : minutes and any correspondence and policy documents

Would you please share the correspondence and grounds for coming up with your policy.

Yours sincerely,

Erika Whittome

Link to this

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