Updated on 01/02/2023: to include further information on the High Court’s second decision regarding the disclosure of Māori vaccination information”. 

The High Court released its decision last week on a judicial review brought by Te Pou Matakana Limited (Whānau Ora Commissioning Agency) and its information systems provider, Whānau Tahi Limited.

The review challenged a decision by the Ministry of Health about Whānau Ora’s request for access to Māori vaccination data. The request was for personal information about unvaccinated Māori in Te Ika-a-Māui/North Island.

The Privacy Commissioner appeared as an intervener at the review, to make submissions on the information disclosure provision in rule 11 of the Health Information Privacy Code where there is a serious threat to public health such as the spread of COVID-19.

The Commissioner was pleased to assist the Court in this important proceeding. The Commissioner’s submissions are available here.

Last week’s decision by Justice Gwyn at the High Court required the Ministry to reconsider its decision by 5 November 2021 in accordance with Te Tiriti o Waitangi/Treaty of Waitangi.

In reconsidering this decision, the Ministry has declined to disclose individualised Māori health information for the whole of Te Ika a Māui/North Island, preferring instead to take a rohe-based approach to data sharing.