The Privacy Commissioner was asked to comment on the supply of EBA conviction information to media outlets.

5 August 2009 comment

'My office has not been involved in the recent decision by Police to discontinue compiling lists of EBA convictions for media outlets.

This conviction information is available to media through the open court system, and that has not changed. A large part of the concern seems to stem from changes to the practical arrangements by which this information is made available to media. There may well be some way that a reasonable solution can be found that meets the needs of all concerned.

The law covering the release of court convictions involves the Official Information Act, the Privacy Act, and court processes.

In this instance, the Police and the Ministry of Justice are familiar with the details of the process and have formed the view that the information should no longer be given out in the way it has.

As far as I am aware, we have not received complaints about this practice.

18 August 2009 comment

'My office has not been involved in the very recent or earlier decisions of Police around the lists of EBA convictions for media outlets.

I have previously suggested that a reasonable solution could be found that meets the needs of all concerned to access the conviction information at the time it is entered. I am pleased to see from today's announcement from Police that constructive efforts are going to be made with Courts to do that.

New Zealand operates an open court system and the Privacy Act does not extend to the courts in their judicial functions.

Requests for details of convictions months or years later will be held by Ministry of Justice and will generally be covered by the Official Information Act.'

ENDS