If I've been a victim of identity theft, can I ask for information used by the offender?

It depends. We regularly receive enquiries from people who have been victims of identity theft or other fraudulent behaviour. Understandably, they want to know about how the crime may have taken place and/or who committed it, and whether the Privacy Act gives them with a right to request this information.

The Privacy Act only provides you with the right to request information about yourself, and it does not give you with the right to seek information about the offender. But whether specific information is about you or about the offender (or both) is not always straightforward. For example:

• A fraudulent application submitted by an offender is information about the offender. While the application will also contain personal information about the person whose identity the offender has misappropriated (which they can request under the Privacy Act), the physical application that the offender completed will not be the victim’s personal information.
• An individual is entitled to know where and how their credit card information has been used, and the liabilities that have been registered against their account. But this does not extend to information that the retailer may hold about the actual purchaser (for example CCTV footage at the point of sale, or a recorded phone transaction), or further specifics about the goods or services that were purchased.

You are entitled to request information from any organisation. If you believe that the information you have requested is about you, and you are unhappy with the response you receive, you contact our office for further assistance.

While our office only deals with Privacy Act matters, it is worth noting: 

If the organisation is a public sector or local government agency, your request for information must also be considered under the Official Information Act or the Local Government Official Information and Meetings Act. These Acts operate on the principle that official information should be made available unless there are good reasons for withholding. If you are not happy with the response, you get you can complain to the Ombudsman(external link). 

You may also be entitled to information as a victim of crime under the Victims’ Right Act. You can find out more about victims’ rights here(external link). 

If you are a victim of identity fraud, contact IDCARE(external link) - they are New Zealand’s national identity & cyber support service.

The Department of Internal Affairs and Police also have information about what to do in cases of identity fraud.