Privacy Commissioner clarifies information-sharing rules to ensure child safety and wellbeing

Privacy Commissioner Michael Webster has issued a firm reminder to government agencies and professionals that privacy legislation should never be used as a reason to withhold information when a child’s safety or wellbeing is at risk. Reported by Waatea News on September 20, 2026, the directive follows an inquiry into the disappearance of the Phillips children, which highlighted critical failures in communication between government departments. The inquiry found that agencies did not always share necessary information, failed to listen sufficiently to concerns raised by family members, and did not act with enough urgency. In response, the Government has accepted all nine recommendations from the inquiry. Webster emphasized that the law is clear: there are no legislative barriers preventing child welfare agencies, health practitioners, or children’s workers from sharing relevant information regarding a child's safety. Webster noted that several existing legal pathways facilitate this sharing. The Oranga Tamariki Act 1989, the Family Violence Act 2018, and the Privacy Act 2020 all provide frameworks for disclosure, particularly in cases of serious threats or law enforcement needs. Crucially, the Commissioner stated that professionals acting within the child protection framework are legally protected unless they act in bad faith. Furthermore, in circumstances involving the safety of tamariki (children), consent from parents or the children themselves is not always a requirement. The Phillips inquiry suggested that a more collaborative and consistent approach between agencies could have potentially prevented the children’s second disappearance or assisted in a faster resolution. To support workers, the Office of the Privacy Commissioner has pointed agencies toward its 'What Can I Share' guidance. The Commissioner’s message serves as a vital lesson for those working with whānau: while privacy law protects personal information, it must never become a barrier to the fundamental protection of a child.