Policy to prevent breaches of the Privacy Act by Auckland Council
Hana Blackmore made this Official Information request to Auckland Council
The request was successful.
From: Hana Blackmore
Dear Auckland Council,
Following my complaint about an appalling breach of the privacy of hundreds of citizens when Auckland Council published on its public minutes and agendas site a copy of a petition that left all names and addresses intact, I was advised by Council that:
A. "there is no policy in the council not to publish petitions in full, and no redaction is required by council policy."
B. "Nor is there a requirement under the Privacy Act to redact address from petitions".
I would be grateful if you would:
1. inform me who provided this advice.
2. Inform me what advice - if any - did the responsible officer(s) seek from Council's legal department (if this advice did not come from Council Lawyers) - and their response.
3. Inform me what advice - if any - did Council and/or its legal department seek from the Privacy Commissioner or other legal channels - and their response.
4. supply me with a copy of Council's current Privacy Policy and its responsibilities under the Privacy Act towards the protection of its citizen's privacy, and
5. in view of further advice received that petitions would continue to be published but with addresses redacted ".pending the development of council policy" would you please advise what actions have been taken - and with whom - to actively develop such a policy.
Yours faithfully,
Hana Blackmore
From: Joan McCoy
Auckland Council
Dear Hana,
Thank you for your request in relation to privacy policy, it would assist
us in our enquiries if you were able to inform us who you received the
advice from in relation to A. "there is no policy in the council not to
publish petitions in full, and no redaction is required by council
policy." B. "Nor is there a requirement under the Privacy Act to redact
address from petitions".
I have attached an information sheet on our processes and requirements
under the Local Government Official Information and Meetings Act 1987.
We have 20 working days to make and communicate our decision on your
request. We are required to release all the information we hold unless
there is a good reason not to. This is explained in more detail in the
attached information sheet about our processes under the Local Government
Official Information and Meetings Act 1987 (LGOIMA).
If you have further questions, please feel free to contact Grace
Ray (grace.ray[1]@aucklandcouncil.govt.nz) on 09 301 0101, quoting
reference 8140006543
Kind regards
The Privacy and LGOIMA team
Auckland Council
[2]Go to ourauckland.nz/greenspaces to explore Auckland’s green spaces.
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message in error please notify us immediately and erase all copies of the
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the recipient computer system or network. Any views expressed in this
email may be those of the individual sender and may not necessarily
reflect the views of Council.
References
Visible links
1. mailto:[email address]
2. https://ourauckland.aucklandcouncil.govt...
From: Hana Blackmore
Dear Joan McCoy,
Thank you for your prompt reply. As suggested in your email, I will contact Grace Ray first before supplying details to ensure I am not breaking anyone's privacy myself.
The attachment cannot be opened/is invalid. Can you please re-post?
Yours sincerely,
Hana Blackmore
From: Joan McCoy
Auckland Council
Hana, sorry you weren't able to access document hopefully you can access the attached. Regards,
Joan
-----Original Message-----
From: Hana Blackmore <[FYI request #12449 email]>
Sent: Monday, 16 March 2020 12:31 PM
To: Joan McCoy <[email address]>
Subject: Re: LGOMIA -8140006543 -Privacy - Breaches policy
Dear Joan McCoy,
Thank you for your prompt reply. As suggested in your email, I will contact Grace Ray first before supplying details to ensure I am not breaking anyone's privacy myself.
The attachment cannot be opened/is invalid. Can you please re-post?
Yours sincerely,
Hana Blackmore
-----Original Message-----
Dear Hana,
Thank you for your request in relation to privacy policy, it would assist us in our enquiries if you were able to inform us who you received the advice from in relation to A. "there is no policy in the council not to publish petitions in full, and no redaction is required by council policy." B. "Nor is there a requirement under the Privacy Act to redact address from petitions".
I have attached an information sheet on our processes and requirements under the Local Government Official Information and Meetings Act 1987.
We have 20 working days to make and communicate our decision on your request. We are required to release all the information we hold unless there is a good reason not to. This is explained in more detail in the attached information sheet about our processes under the Local Government Official Information and Meetings Act 1987 (LGOIMA).
If you have further questions, please feel free to contact Grace Ray (grace.ray[1]@aucklandcouncil.govt.nz) on 09 301 0101, quoting reference 8140006543
Kind regards
The Privacy and LGOIMA team
Auckland Council
[2]Go to ourauckland.nz/greenspaces to explore Auckland’s green spaces.
CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.
References
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1. mailto:[email address]
2. https://ourauckland.aucklandcouncil.govt...
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Please use this email address for all replies to this request:
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Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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If you find this service useful as an Official Information officer, please ask your web manager to link to us from your organisation's OIA or LGOIMA page.
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CAUTION: This email message and any attachments contain information that may be confidential and may be LEGALLY PRIVILEGED. If you are not the intended recipient, any use, disclosure or copying of this message or attachments is strictly prohibited. If you have received this email message in error please notify us immediately and erase all copies of the message and attachments. We do not accept responsibility for any viruses or similar carried with our email, or any effects our email may have on the recipient computer system or network. Any views expressed in this email may be those of the individual sender and may not necessarily reflect the views of Council.
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From: Hana Blackmore
Dear Joan McCoy,
Unfortunately this Privacy and Information sheet is still unopenable.
Yours sincerely,
Hana Blackmore
From: Hana Blackmore
Dear Joan McCoy,
On 14 March 2020 I laid an OIA request here on the FYI site for information about policies regarding Petitions and Privacy Act requirements. See below for copy. You should have responded by April 14 (20 working days). This FYI OIA is SEPARATE to a new OIA I subsequently sent privately to Auckland Council CEO which dealt with personal information relating to this issue that should not be public.
I have been informed that you are extending the response date for this SEPARATE private OIA to 12 June 2020 citing Covid 19 constraints. WHICH IS AN EXTRA 40 WORKING DAYS. You have not informed me of any notice to extend this FYI request which is now overdue.
I do not consider this FYI request to be complicated or beyond the ability of responsible officers to answer, therefore require a prompt and full response.
To re-iterate - this OIA request response is overdue. It is SEPARATE to a new OIA I subsequently sent directly to Auckland Council CEO. They are not the same. I require the answers to this FYI request here. Any further breaches of privacy by muddling them up or responding to my PRIVATE OIA on this site would be totally unacceptable.
Yours
Hana Blackmore
Copy of original request below:
==================================================
Following my complaint about an appalling breach of the privacy of hundreds of citizens when Auckland Council published on its public minutes and agendas site a copy of a petition that left all names and addresses intact, I was advised by Council that:
A. "there is no policy in the council not to publish petitions in full, and no redaction is required by council policy."
B. "Nor is there a requirement under the Privacy Act to redact address from petitions".
I would be grateful if you would:
1. inform me who provided this advice.
2. Inform me what advice - if any - did the responsible officer(s) seek from Council's legal department (if this advice did not come from Council Lawyers) - and their response.
3. Inform me what advice - if any - did Council and/or its legal department seek from the Privacy Commissioner or other legal channels - and their response.
4. supply me with a copy of Council's current Privacy Policy and its responsibilities under the Privacy Act towards the protection of its citizen's privacy, and
5. in view of further advice received that petitions would continue to be published but with addresses redacted ".pending the development of council policy" would you please advise what actions have been taken - and with whom - to actively develop such a policy.
Yours sincerely,
Hana Blackmore
From: Grace Ray
Auckland Council
Good morning Hana,
We have responded to your below request, in conjunction with a further
request received about the below topic, to your personal email address on
23 April 2020.
Please feel free to contact the team if you have any further concerns.
Kind Regards,
Grace Ray | Senior Privacy & LGOIMA Business Partner
Democracy Services
_____________________________________________
From: Hana Blackmore <[FOI #12449 email]>
Sent: Saturday, 14 March 2020 4:58 PM
To: Official Information <[email address]>
Subject: Official Information request - Policy to prevent breaches of the
Privacy Act by Auckland Council
Dear Auckland Council,
Following my complaint about an appalling breach of the privacy of
hundreds of citizens when Auckland Council published on its public minutes
and agendas site a copy of a petition that left all names and addresses
intact, I was advised by Council that:
A. "there is no policy in the council not to publish petitions in full,
and no redaction is required by council policy."
B. "Nor is there a requirement under the Privacy Act to redact address
from petitions".
I would be grateful if you would:
1. inform me who provided this advice.
2. Inform me what advice - if any - did the responsible officer(s) seek
from Council's legal department (if this advice did not come from Council
Lawyers) - and their response.
3. Inform me what advice - if any - did Council and/or its legal
department seek from the Privacy Commissioner or other legal channels -
and their response.
4. supply me with a copy of Council's current Privacy Policy and its
responsibilities under the Privacy Act towards the protection of its
citizen's privacy, and
5. in view of further advice received that petitions would continue to be
published but with addresses redacted ".pending the development of
council policy" would you please advise what actions have been taken -
and with whom - to actively develop such a policy.
Yours faithfully,
Hana Blackmore
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
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Is [2][Auckland Council request email] the wrong address for
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us using this form:
[3]https://fyi.org.nz/change_request/new?bo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]https://fyi.org.nz/help/officers
If you find this service useful as an Official Information officer, please
ask your web manager to link to us from your organisation's OIA or LGOIMA
page.
-------------------------------------------------------------------
[5][IMG]
CAUTION: This email message and any attachments contain information that
may be confidential and may be LEGALLY PRIVILEGED. If you are not the
intended recipient, any use, disclosure or copying of this message or
attachments is strictly prohibited. If you have received this email
message in error please notify us immediately and erase all copies of the
message and attachments. We do not accept responsibility for any viruses
or similar carried with our email, or any effects our email may have on
the recipient computer system or network. Any views expressed in this
email may be those of the individual sender and may not necessarily
reflect the views of Council.
References
Visible links
1. mailto:[FOI #12449 email]
2. mailto:[Auckland Council request email]
3. https://fyi.org.nz/change_request/new?bo...
4. https://fyi.org.nz/help/officers
5. https://covid19.govt.nz/?utm_source=ac_f...
hide quoted sections
From: Hana Blackmore
Dear Grace Ray,
You did indeed respond to my FYI request on the 23rd April 2020, to my personal email, together with the response to a personal one sent direct to CEO Stephen Town . Thank you for your very prompt response and for not delaying another 40 days before responding. It was appreciated.
I had assumed you would post this FYI response to this site. As you have not, I have copied below the
information sent to me, and would appreciate your confirmation on this site that this is correctly reported.
================================================================
23 April 2020
Dear Hana
Local Government Official Information and Meetings Act i987 Re: website privacy breach
I refer to your two emails which we received on 16 March 2020, and a further extended on 16 April 2020 requesting information about a website privacy breach.
I have liaised with our Privacy Programme Manager and [ ... redacted by Hana ...] in relation to your requests. Please see answers to your questions below.
FIRST REQUEST - SUBMITTED VIA FYI WEBSITE
1. Inform me who provided this advice
ELIZABETH CHATTERTON, PRIVACY & LGOIMA MANAGER, DEMOCRACY SERVICES
2. Inform me what advice - if any - did the responsible officer(s) seek from Council's legal department (if this advice did not come from Council Lawyers) - and their response.
NO ADVICE WAS SOUGHT FROM THE COUNCIL'S LEGAL SERVICES DEPARTMENT.
3. Inform me what advice - if any - did Council and/or its legal department seek from the Privacy Commissioner or other legal channels - and their response.
I HAVE LIAISED WITH OUR PRIVACY PROGRAMME MANAGER WHO HAS ADVISED THAT THERE HAVE BEEN NO COMMUNICATIONS WITH THE PRIVACY COMMISSIONER.
4. Supply me with a copy of Council's current Privacy Policy and its responsibilities under the Privacy Act towards the protection of its citizen's privacy.
OUR PRIVACY POLICY CAN BE FOUND ONLINE BY ACCESSING THE BELOW LINK:
https://www.aucklandcouncil.govt.nz/plan...
5. In view of further advice received that petitions would continue to be published but with addresses redacted "pending the development of council policy" would you please advise what actions have been taken - and with whom - to actively develop such a policy.
NO PETITION POLICY HAS BEEN DEVELOPED AT THIS TIME. THE DEVELOPMENT OF A POLICY WILL BE DISCUSSED WITH GOVERNANCE STAFF AND CONSIDERED AS PART OF BROADER GOVERNANCE WORK PROGRAMMING.
SECOND REQUEST - WRITTEN DIRECT TO STEPHEN TOWN, CHIEF EXECUTIVE
[ ... redacted by Hana ...]
YOURS SINCERELY
GRACE RAY
PRIVACY & LGOIMA BUSINESS PARTNER
DEMOCRACY SERVICES
====================================================
Yours sincerely,
Hana Blackmore
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Hana Blackmore left an annotation ()
This request is closed in that the information was supplied privately to me (the requester) ... I have posted their response myself and asked Auckland Council to confirm that I have accurately reported their response. They have not responded.
I will therefore officially close this request but would note my appreciation of FYI because the full response came a day after this was publicly posted, instead of waiting what would have been 60 working days. So thank you FYI.
Hana Blackmore
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