Good morning Bryan,

Thank you for your Official Information Act request. Before we proceed, we would like to clarify your questions with you to ensure we are interpreting them correctly.

"1 Are Members of Parliament (MP’s hereafter) subject to any type of surveillance, including, but not limited to, the collection of metadata, location details and the like"
We have interpreted this to mean that you are asking whether the GCSB has any MPs under surveillance. If this is not what you are asking, please let us know.

"2 If there are any caches of metadata being collected on MP’s, how are these generally made available and how does one go about obtaining these caches"
Are you asking whether there are any publicly available caches of MPs' metadata?

"3) As contact tracing has now been written in to the Privacy Act 2020, with metadata collected by way of Bluetooth, Mobile Triangulation or other Wireless technology, could you please explain if this also applies to the various MP’s, current and future."
Could you please clarify which section of the Privacy Act 2020 you are referring to?

Kind regards,
GCSB

-----Original Message-----
From: Bryan Stralow <[FOI #14053 email]>
Sent: Thursday, 29 October 2020 4:41 PM
To: Information (GCSB) <[GCSB request email]>
Subject: Official Information request - Availability, Collection and Tracing of the Metadata of Members of Parliament, New Zealand

Dear Government Communications Security Bureau,

As a direct result of the various effects that the Covid-19 bacteria has had on many people and the greater communities around the world, we have seen many changes in our society and the way that we live. Furthermore, in relation to the amendments made to the previous Privacy Act 1994, now being superseded by the Privacy Act 2020, also in conjunction with the Search and Surveillance Act 2012, inc. addenda 2020, I hereby request the appropriate level of response as determined by the Freedom of Information Act in relation to the following items;

1) Are Members of Parliament (MP’s hereafter) subject to any type of surveillance, including, but not limited to, the collection of metadata, location details and the like,
2) If there are any caches of metadata being collected on MP’s, how are these generally made available and how does one go about obtaining these caches,
3) As contact tracing has now been written in to the Privacy Act 2020, with metadata collected by way of Bluetooth, Mobile Triangulation or other Wireless technology, could you please explain if this also applies to the various MP’s, current and future.

Yours faithfully,
Bryan Stralow

-------------------------------------------------------------------

This is an Official Information request made via the FYI website.

Please use this email address for all replies to this request:
[FOI #14053 email]

Is [GCSB request email] the wrong address for Official Information requests to Government Communications Security Bureau? If so, please contact us using this form:
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:
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.

-------------------------------------------------------------------

This electronic message, together with any attachments, contains information that is provided in confidence and may be subject to legal privilege.
Any classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy or use the message in
any way. If you have received this message in error, please notify us immediately by return email and then destroy the original message.
The New Zealand Intelligence Community (NZIC) and the departments comprising the NZIC accepts no responsibility for changes to this e-mail, or to any attachments, after its transmission
from NZIC. This communication may be accessed or retained for information assurance purposes. Thank you.

hide quoted sections

Thank you Bryan,

We will endeavour to respond to your request as soon as possible and, in any event, no later than 20 working days after the day that your request was received. If we are unable to respond to your request by then, we will notify you of an extension of that timeframe.

If you have any queries, please feel free to contact [GCSB request email].

Kind regards,

GCSB

-----Original Message-----
From: Bryan Stralow <[FOI #14053 email]>
Sent: Tuesday, 3 November 2020 2:20 PM
To: Information (GCSB) <[GCSB request email]>
Subject: RE: Official Information request - Availability, Collection and Tracing of the Metadata of Members of Parliament, New Zealand

Dear Information (GCSB),
Thank you for your response.
In reply to your queries relating to clarification, please refer to the following explanations.

"1 Are Members of Parliament (MP’s hereafter) subject to any type of surveillance, including, but not limited to, the collection of metadata, location details and the like"
We have interpreted this to mean that you are asking whether the GCSB has any MPs under surveillance. If this is not what you are asking, please let us know.

BS Reply [03.11.20]- whilst not specifically requesting to establish if there were any current investigations into any MP’s, my initial query relates to whether MP’s metadata is collated in general (inactive surveillance). That is, are they subject to the collection, retention and sharing of information as stated in Part 3 Information privacy principles and codes of practice of the Privacy Act 2020? As you have now also included the alternative subject, could you also provide an indication as to if any MP’s are currently under “active” surveillance?

"2 If there are any caches of metadata being collected on MP’s, how are these generally made available and how does one go about obtaining these caches"
Are you asking whether there are any publicly available caches of MPs' metadata?

BS Reply [03.11.20]- Perhaps allow me to reframe the query, if metadata retention is occurring and ongoing for all MP’s, would this information be accessible for a reasonable purpose by court order or any other suitable legal mechanism?

"3) As contact tracing has now been written in to the Privacy Act 2020, with metadata collected by way of Bluetooth, Mobile Triangulation or other Wireless technology, could you please explain if this also applies to the various MP’s, current and future."
Could you please clarify which section of the Privacy Act 2020 you are referring to?

BS Reply [03.11.20]- Part 3, Information privacy principles and codes of practice

Yours sincerely,

Bryan Stralow

-----Original Message-----

Good morning Bryan,

Thank you for your Official Information Act request. Before we proceed, we would like to clarify your questions with you to ensure we are interpreting them correctly.

"1 Are Members of Parliament (MP’s hereafter) subject to any type of surveillance, including, but not limited to, the collection of metadata, location details and the like"
We have interpreted this to mean that you are asking whether the GCSB has any MPs under surveillance. If this is not what you are asking, please let us know.

"2 If there are any caches of metadata being collected on MP’s, how are these generally made available and how does one go about obtaining these caches"
Are you asking whether there are any publicly available caches of MPs' metadata?

"3) As contact tracing has now been written in to the Privacy Act 2020, with metadata collected by way of Bluetooth, Mobile Triangulation or other Wireless technology, could you please explain if this also applies to the various MP’s, current and future."
Could you please clarify which section of the Privacy Act 2020 you are referring to?

Kind regards,
GCSB

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #14053 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

-------------------------------------------------------------------

This electronic message, together with any attachments, contains information that is provided in confidence and may be subject to legal privilege.
Any classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy or use the message in
any way. If you have received this message in error, please notify us immediately by return email and then destroy the original message.
The New Zealand Intelligence Community (NZIC) and the departments comprising the NZIC accepts no responsibility for changes to this e-mail, or to any attachments, after its transmission
from NZIC. This communication may be accessed or retained for information assurance purposes. Thank you.

hide quoted sections

Good afternoon Bryan,

We refer to your official information request which we clarified with you on 3 November 2020.

The Official Information Act 1982 requires that we advise you of our decision on your request no later than 20 working days after the day that we received your clarified request. Unfortunately, it will not be possible to meet that time limit and we are, therefore, writing to notify you of an extension of the time to make our decision, to 22 December 2020.

This extension is necessary because consultations necessary to make a decision on your request are such that a proper response cannot reasonably be made within the original time limit. We will endeavour to provide a response before the new due date.

If you wish to discuss any aspect of your request with us, including this decision, please feel free to contact [GCSB request email].

You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.

Kind regards

GCSB

-----Original Message-----
From: Bryan Stralow <[FOI #14053 email]>
Sent: Tuesday, 3 November 2020 2:20 PM
To: Information (GCSB) <[GCSB request email]>
Subject: RE: Official Information request - Availability, Collection and Tracing of the Metadata of Members of Parliament, New Zealand

Dear Information (GCSB),
Thank you for your response.
In reply to your queries relating to clarification, please refer to the following explanations.

"1 Are Members of Parliament (MP’s hereafter) subject to any type of surveillance, including, but not limited to, the collection of metadata, location details and the like"
We have interpreted this to mean that you are asking whether the GCSB has any MPs under surveillance. If this is not what you are asking, please let us know.

BS Reply [03.11.20]- whilst not specifically requesting to establish if there were any current investigations into any MP’s, my initial query relates to whether MP’s metadata is collated in general (inactive surveillance). That is, are they subject to the collection, retention and sharing of information as stated in Part 3 Information privacy principles and codes of practice of the Privacy Act 2020? As you have now also included the alternative subject, could you also provide an indication as to if any MP’s are currently under “active” surveillance?

"2 If there are any caches of metadata being collected on MP’s, how are these generally made available and how does one go about obtaining these caches"
Are you asking whether there are any publicly available caches of MPs' metadata?

BS Reply [03.11.20]- Perhaps allow me to reframe the query, if metadata retention is occurring and ongoing for all MP’s, would this information be accessible for a reasonable purpose by court order or any other suitable legal mechanism?

"3) As contact tracing has now been written in to the Privacy Act 2020, with metadata collected by way of Bluetooth, Mobile Triangulation or other Wireless technology, could you please explain if this also applies to the various MP’s, current and future."
Could you please clarify which section of the Privacy Act 2020 you are referring to?

BS Reply [03.11.20]- Part 3, Information privacy principles and codes of practice

Yours sincerely,

Bryan Stralow

-----Original Message-----

Good morning Bryan,

Thank you for your Official Information Act request. Before we proceed, we would like to clarify your questions with you to ensure we are interpreting them correctly.

"1 Are Members of Parliament (MP’s hereafter) subject to any type of surveillance, including, but not limited to, the collection of metadata, location details and the like"
We have interpreted this to mean that you are asking whether the GCSB has any MPs under surveillance. If this is not what you are asking, please let us know.

"2 If there are any caches of metadata being collected on MP’s, how are these generally made available and how does one go about obtaining these caches"
Are you asking whether there are any publicly available caches of MPs' metadata?

"3) As contact tracing has now been written in to the Privacy Act 2020, with metadata collected by way of Bluetooth, Mobile Triangulation or other Wireless technology, could you please explain if this also applies to the various MP’s, current and future."
Could you please clarify which section of the Privacy Act 2020 you are referring to?

Kind regards,
GCSB

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #14053 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

-------------------------------------------------------------------

This electronic message, together with any attachments, contains information that is provided in confidence and may be subject to legal privilege.
Any classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy or use the message in
any way. If you have received this message in error, please notify us immediately by return email and then destroy the original message.
The New Zealand Intelligence Community (NZIC) and the departments comprising the NZIC accepts no responsibility for changes to this e-mail, or to any attachments, after its transmission
from NZIC. This communication may be accessed or retained for information assurance purposes. Thank you.

hide quoted sections

Good afternoon Bryan,

Please find attached the Director-General's response to your OIA request.

Kind regards,

GCSB

-----Original Message-----
From: Information (GCSB) <[GCSB request email]>
Sent: Tuesday, 1 December 2020 1:56 PM
To: 'Bryan Stralow' <[FOI #14053 email]>
Subject: RE: Official Information request - Availability, Collection and Tracing of the Metadata of Members of Parliament, New Zealand

Good afternoon Bryan,

We refer to your official information request which we clarified with you on 3 November 2020.

The Official Information Act 1982 requires that we advise you of our decision on your request no later than 20 working days after the day that we received your clarified request. Unfortunately, it will not be possible to meet that time limit and we are, therefore, writing to notify you of an extension of the time to make our decision, to 22 December 2020.

This extension is necessary because consultations necessary to make a decision on your request are such that a proper response cannot reasonably be made within the original time limit. We will endeavour to provide a response before the new due date.

If you wish to discuss any aspect of your request with us, including this decision, please feel free to contact [GCSB request email].

You have the right to seek an investigation and review by the Ombudsman of this decision. Information about how to make a complaint is available at www.ombudsman.parliament.nz or freephone 0800 802 602.

Kind regards

GCSB

-----Original Message-----
From: Bryan Stralow <[FOI #14053 email]>
Sent: Tuesday, 3 November 2020 2:20 PM
To: Information (GCSB) <[GCSB request email]>
Subject: RE: Official Information request - Availability, Collection and Tracing of the Metadata of Members of Parliament, New Zealand

Dear Information (GCSB),
Thank you for your response.
In reply to your queries relating to clarification, please refer to the following explanations.

"1 Are Members of Parliament (MP’s hereafter) subject to any type of surveillance, including, but not limited to, the collection of metadata, location details and the like"
We have interpreted this to mean that you are asking whether the GCSB has any MPs under surveillance. If this is not what you are asking, please let us know.

BS Reply [03.11.20]- whilst not specifically requesting to establish if there were any current investigations into any MP’s, my initial query relates to whether MP’s metadata is collated in general (inactive surveillance). That is, are they subject to the collection, retention and sharing of information as stated in Part 3 Information privacy principles and codes of practice of the Privacy Act 2020? As you have now also included the alternative subject, could you also provide an indication as to if any MP’s are currently under “active” surveillance?

"2 If there are any caches of metadata being collected on MP’s, how are these generally made available and how does one go about obtaining these caches"
Are you asking whether there are any publicly available caches of MPs' metadata?

BS Reply [03.11.20]- Perhaps allow me to reframe the query, if metadata retention is occurring and ongoing for all MP’s, would this information be accessible for a reasonable purpose by court order or any other suitable legal mechanism?

"3) As contact tracing has now been written in to the Privacy Act 2020, with metadata collected by way of Bluetooth, Mobile Triangulation or other Wireless technology, could you please explain if this also applies to the various MP’s, current and future."
Could you please clarify which section of the Privacy Act 2020 you are referring to?

BS Reply [03.11.20]- Part 3, Information privacy principles and codes of practice

Yours sincerely,

Bryan Stralow

-----Original Message-----

Good morning Bryan,

Thank you for your Official Information Act request. Before we proceed, we would like to clarify your questions with you to ensure we are interpreting them correctly.

"1 Are Members of Parliament (MP’s hereafter) subject to any type of surveillance, including, but not limited to, the collection of metadata, location details and the like"
We have interpreted this to mean that you are asking whether the GCSB has any MPs under surveillance. If this is not what you are asking, please let us know.

"2 If there are any caches of metadata being collected on MP’s, how are these generally made available and how does one go about obtaining these caches"
Are you asking whether there are any publicly available caches of MPs' metadata?

"3) As contact tracing has now been written in to the Privacy Act 2020, with metadata collected by way of Bluetooth, Mobile Triangulation or other Wireless technology, could you please explain if this also applies to the various MP’s, current and future."
Could you please clarify which section of the Privacy Act 2020 you are referring to?

Kind regards,
GCSB

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #14053 email]

Disclaimer: This message and any reply that you make will be published on the internet. Our privacy and copyright policies:
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.

-------------------------------------------------------------------

This electronic message, together with any attachments, contains information that is provided in confidence and may be subject to legal privilege.
Any classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy or use the message in
any way. If you have received this message in error, please notify us immediately by return email and then destroy the original message.
The New Zealand Intelligence Community (NZIC) and the departments comprising the NZIC accepts no responsibility for changes to this e-mail, or to any attachments, after its transmission
from NZIC. This communication may be accessed or retained for information assurance purposes. Thank you.

hide quoted sections