Is my employer allowed to collect and use information about me from a public source?

As a starting point, your employer should only collect personal information where it is necessary for business purposes. Could this be said of the information they have collected about you?

If your employer is able to explain why the collection is necessary for a purpose related to the business, they generally have a broad discretion to use and/or disclose information obtained from a public source, as long as the use or disclosure would not be unfair or unreasonable in the circumstances.

However, your employer also has an obligation to take reasonable steps to check the accuracy of information before using it. Where they’ve obtained information from a public source, rather than getting it from you directly, they’ll need to take extra care before using that information in any way.

If your employer has collected information about you from a public source, and you’re concerned about this, you should speak with the privacy officer for your agency (or your manager if you don’t have a privacy officer or don’t know who this is). You should ask the privacy officer or your manager to explain your employer’s reasons for collecting this information.

If you are unhappy with the response, you can make a complaint to us.

Additionally, if your employer has used the information it collected in a way which has had some sort of negative consequence for your employment (for instance, you were fired) this may raise employment law issues. You may want to consider contacting the Ministry of Business, Innovation and Employment(external link) for advice on employment law matters.