Case Note 211294 [2010] NZ Priv Cmr 16: Man has to supply details of pending criminal charges pre-employment

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A man wanted to apply for a job at an educational institution. As part of this process he was required to fill out an application form. One of the questions in the application form asked the man to list any criminal convictions and whether he had any criminal charges pending. The man did not consider that information about pending criminal charges was necessary for the recruitment process.Principle 1 Principle 1 of the Privacy Act requires that personal information shall not be collected by an agency unless the information is collected for a lawful purpose connected with a function or activity of the agency and the collection of the information is necessary for that purpose. It was clear from the circumstances that the educational institution was collecting this information for a lawful purpose connected with its function.