Do Police have to comply with the Privacy Act?
Yes. New Zealand Police are subject to the Privacy Act and they need to comply with it, just like any public or private agency.
Exceptions to the privacy principles recognise the public interest in law enforcement. The “maintenance of the law” exception to privacy principles 2, 3, 6, 10 and 11 can be relied on by Police if necessary to avoid prejudice to the maintenance of the law, including the prevention, detection, investigation, prosecution, and punishment of offences.
There are also enactments that give Police the authority to take actions that might otherwise be a breach of one of the privacy principles, for example, the Search and Surveillance Act 2012. Any specific provision in another Act will override the Privacy Act.
Principle 6 of the Privacy Act gives you the right to ask for your information. If you want information about yourself from Police, you can make a request for the information. Find out more about how to make a request for personal information here.(external link)