...Ms Bennett has told Parliament that she checked the Privacy Commission website before releasing the personal details of two solo-mothers.
An example on the Commission's website bears some striking parallels to Ms Bennett's disclosure.
Under the heading Checklist for Ministers and departmental officials, the following example is given: "Someone goes to the media about a Department's decision to stop their benefit and is quoted as saying it shows the unfairness of the policy."
The Commission advises:
"The Minister could comment in a way that discloses no further information than is already in the report (for instance explaining how the policy is designed to apply and why it says what it does). If the individual has misrepresented the facts on which the Department's actions were based, the Minister could say that there are some undisclosed facts which give a somewhat different picture and, if the individual would authorise release of further details from the Department's files, the Minister would be happy to oblige. Again, these facts could be set out in a letter to the individual and the media duly informed."
* Did Paula Bennett breach privacy rules?
The guidelines Ms Bennett was relying on when releasing the details:
GROUND ONE
Implicit consent:
"Authorisations do not have to be in writing. They may be given orally or inferred from statements made ... the minister need only believe, on reasonable grounds, that the individual has authorised the disclosure."
GROUND TWO
Where a person has released personal details to make allegations and the minister wishes to add further detail to respond.
"By releasing a large amount of personal information to the media, the individual is taking the risk that unfavourable publicity could result. If the minister releases only information which is relevant to the issues raised by the individual, that person may not be able to claim that any particular harm was caused by the ministers' disclosure rather than by the individual's own disclosure."
Source: Privacy Commission checklist for ministers and departmental officials.
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