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The Privacy Act 1993 : intruding on the privacy interests of victims of sexual abuse Booth, Deborah Louise

By: Material type: TextTextPublication details: 1998Description: 30 pSubject(s): Summary: This paper discusses the implications of the Privacy Act (1993) on sexual abuse victims. The author highlights a concern that perpetrators often get access to information about their victims when accessing information about themselves, placing the victims at risk. Perpetrators can then use the information to either threaten the victim or discredit them as a witness. The author discusses procedures used by ACC, the Police, and the Privacy Commissioner when requests for personal information are lodged. The author makes suggestions for amendments to the Privacy Act, including: incorporating a clause that would allow refusal to disclose based on prejudice to public safety; including a clause that allows refusal of disclosure if there is a perceived risk of harassment; legislate that a reason for the request must be given before any disclosure occurs; limiting the access to being dependent on the agency's use of the information; extending privilege further than just legal to include other counsellors such as Women's Refuge or Rape Crisis; and including a new provision that refusal to disclose is acceptable if disclosure would damage a special relationship, such as that between a victim and support agency.
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Research papers. Law. LL.B. (Hons.) (Victoria University of Wellington) Available to view Victoria University Library.

This paper discusses the implications of the Privacy Act (1993) on sexual abuse victims. The author highlights a concern that perpetrators often get access to information about their victims when accessing information about themselves, placing the victims at risk. Perpetrators can then use the information to either threaten the victim or discredit them as a witness. The author discusses procedures used by ACC, the Police, and the Privacy Commissioner when requests for personal information are lodged. The author makes suggestions for amendments to the Privacy Act, including: incorporating a clause that would allow refusal to disclose based on prejudice to public safety; including a clause that allows refusal of disclosure if there is a perceived risk of harassment; legislate that a reason for the request must be given before any disclosure occurs; limiting the access to being dependent on the agency's use of the information; extending privilege further than just legal to include other counsellors such as Women's Refuge or Rape Crisis; and including a new provision that refusal to disclose is acceptable if disclosure would damage a special relationship, such as that between a victim and support agency.