Can a business or agency tell my partner or family about me?
- Checked against sources
- Sources
- 3 cited
- Applies to
- New Zealand
Only in limited circumstances. An organisation generally can't share your information with your partner or relatives unless you've authorised it or an exception applies, such as preventing a serious threat to someone's life or health. Health providers have some discretion under the Health Information Privacy Code, especially in emergencies.
The rule
Under information privacy principle 11, organisations shouldn’t disclose your personal information unless an exception applies. Being your partner, parent or adult child isn’t an exception in itself.
The Privacy Commissioner’s guidance is that agencies can share your information with relatives or partners only in exceptional circumstances. The main ones:
- You’ve authorised it. For example, you’ve added your partner to an account or told the organisation they can speak for you.
- A serious threat. Agencies can disclose information when someone’s life or health is at stake.
- Law enforcement and other exceptions set out in principle 11.
Health information
The Health Information Privacy Code gives health professionals some discretion about sharing information with family or caregivers. In matters of life or death, public safety or preventing serious injury, clinicians can disclose what’s needed.
Real examples
The Commissioner has dealt with complaints where a bank told a woman’s husband her account balance, where a bank gave a man’s account details to his daughter-in-law, and where a mental health team shared a woman’s information with Police during a fire emergency. The first two are the kind of disclosure the Act doesn’t allow. The last is the kind of emergency where sharing can be justified.
If you want someone to be able to act for you
- For a specific organisation, ask how to add an authorised person to your account.
- For the future, consider an enduring power of attorney, so someone you trust can get information and make decisions if you can’t. The Commissioner suggests seeing a lawyer.
If you don’t want family told
Tell the organisation clearly, and ask them to note it on your file. This matters especially if you’re leaving a relationship, or if a family member has contacted organisations about you before.
If your information was shared without your consent
Raise it with the organisation’s privacy officer first. If you’re not satisfied and it caused you harm, complain to the Privacy Commissioner.
Sources
Something wrong or out of date? Tell us or edit this page on GitHub. General information, not legal advice.