1 Feb 2009, 09:00

A prisoner complained that he had made two requests to the Parole Board ('the Board') for copies of his file but had not received a response.

Under principle 6 of the Privacy Act, an individual is entitled to have access to personal information that is held by an agency. However, the definition of ‘agency' in section 2 of the Privacy Act does not include a court or tribunal, in relation to their judicial functions.

Normally, the judicial functions of the Board would be exempt from the Privacy Act. It is a body empowered under statute to exercise judicial functions such as the ability to conduct hearings and receive evidence. Its decisions have a substantial effect on parties before it, and can be appealed. Under current law, therefore, the Board would usually be classified as a 'tribunal' and would not have to comply with the Privacy Act.

However, section 108 of the Parole Act 2002 explicitly states that the Board is subject to the Privacy Act. The Board was therefore obliged to respond to the prisoner's request under principle 6.

The Board advised us that it had responded and that it had provided the prisoner with background papers for his upcoming hearing. It said it is standard practice for a full file to be sent to offenders ahead of the first appearance before the Board and to send only updated information for subsequent hearings. The Board had not interpreted the prisoner's two requests as being for a copy of his full file.

The Board agreed to provide this information to the prisoner and we then closed our file.

May 2009

Access to personal information - New Zealand Parole Board - 'agency' - tribunal - Privacy Act 1993, principle 6, section 2(b)(viii) 'agency'; Parole Act 2002, section 108