How do I know if collection is necessary?

Where you collect personal information, you should only do so where it is necessary for a lawful purpose connected with the functions or activities of your agency.

If your lawful purpose does not require the collection of an indivdual's identifying information, you cannot collect information such as a driver's licence, passport details, a person's name, address or date of birth.  

 You don’t need to be able to demonstrate that it was absolutely necessary for you to collect the information – that is, that you had no other option. However, you need to be able to explain clearly why it was reasonable to collect it for these purposes. If you can carry out your purposes easily and effectively without the information, it will be much harder to show that you really needed it.

Note, the Privacy Commissioner can investigate whether the collection of personal information complies with the Privacy Act. This would include systemic issues such as overcollection of unnecessary information, or the unnecessary collection of identifying information. 

(Updated December 2020)