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Complaints to the MoH or Minister about interception of personal communications at a DHB

Amy S Van Wey Lovatt made this Official Information request to Ministry of Health

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From: Amy S Van Wey Lovatt

Dear Ministry of Health,

I am writing to request the following:
(1) The number of individuals who have complained or expressed concern to the Minister or Ministry of Health regarding the interception of private communications by a DHB employee, or another third party, which is supposed to not occur according to the MoH mandate in HISO 10029, section 8.2.

(2) For each complaint or concern raised, I request documents which show the name of the DHB in which the interception had occurred or had alleged to have occurred.

(3) For each complaint or concern raised, I request documents of the outcome of the MoH investigation and how the violation of the privacy of the individuals was resolved with the victim.

(4) In the event that an investigation was undertaken by the MoH or Minister, and the MoH or Minister failed to take action, I request the reason for this decision and the documents which informed the decision.

(5) In the event that the MoH and Minister failed to investigate the allegations, I request the reasons for the decision and the documents which informed the decision.

(6) In the event that the DHB justified their intrusion upon the privacy of the patient under the guise of a "communication plan", I request the policy of the "communication plan" held by the DHB and that held by the Ministry of Health, which shows that the DHB may implement a "communication plan" which is:
(a) contrary to requirements set out in clause 8.2 of the HISO 10029; and
(b) a breach of IPPs 4 and 5 under the Privacy Act 2020 (formerly 1993);
(c) a breach of Rules 4 and 5 of the Health Information Privacy Code;
(d) a breach of Right 1(2) of the Health and Disability Commissioner (Code of Health and Disability Services Consumers' Rights) Regulations 1996; and
(e) an offence under sections 216A-B of the Crimes Act 1961; and
(f) a breach of the Search and Surveillance Act 2012; and
(g) a breach of rights affirmed under section 21 of the NZ Bill of Rights Act 1990; and
(h) a breach of article 17 of the International Covenant on Civil and Political Rights.

I request that personal identifying information of the victim (or complainant) be redacted to protect their privacy. Please submit all documents through FYI.org.nz, to ensure transparency in your response.

In the event you are having trouble finding documentation of such complaints, I refer you to the following emails sent to:
(i) Chris Hipkins, Ann-Marie Cavanagh and Ashley Bloomfield on Thu, Jul 16, 2020, 4:13 AM;
(ii) Health Commissioner Poutasi on Tue, Jul 16, 2019, 9:34 AM, sent three days after confirming with a Waikato DHB Information Systems employee that my personal communications were being intercepted by a Waikato DHB employee; and
(iii) Deputy Health Commissioner Wilson on Sun, Aug 4, 2019, 5:04 PM.

I also refer you to police case #190708/7781, filed only after Waikato DHB and Health Commissioner Poutasi refused to stop the interception of my personal communications, which were done without my consent or the consent of the intended recipient (e.g., my physicians, the board members, clinical records team, and every other DHB employee).

Kind regards,

Amy S Van Wey Lovatt

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Kia ora

 

Thank you for your request for official information received 19 February
2021 for:

 

" (1) The number of individuals who have complained or expressed concern
to the Minister or Ministry of Health regarding the interception of
private communications by a DHB employee, or another third party, which is
supposed to not occur according to the MoH mandate in HISO 10029, section
8.2.

 

(2) For each complaint or concern raised, I request documents which show
the name of the DHB in which the interception had occurred or had alleged
to have occurred.

 

(3) For each complaint or concern raised, I request documents of the
outcome of the MoH investigation and how the violation of the privacy of
the individuals was resolved with the victim.

 

(4) In the event that an investigation was undertaken by the MoH or
Minister, and the MoH or Minister failed to take action, I request the
reason for this decision and the documents which informed the decision.

 

(5) In the event that the MoH and Minister failed to investigate the
allegations, I request the reasons for the decision and the documents
which informed the decision.

 

(6) In the event that the DHB justified their intrusion upon the privacy
of the patient under the guise of a "communication plan", I request the
policy of the "communication plan" held by the DHB and that held by the
Ministry of Health, which shows that the DHB may implement a
"communication plan" which is:

(a) contrary to requirements set out in clause 8.2 of the HISO 10029; and

(b) a breach of IPPs 4 and 5 under the Privacy Act 2020 (formerly 1993);

(c) a breach of Rules 4 and 5 of the Health Information Privacy Code;

(d) a breach of Right 1(2) of the Health and Disability Commissioner (Code
of Health and Disability Services Consumers' Rights) Regulations 1996; and

(e) an offence under sections 216A-B of the Crimes Act 1961; and

(f) a breach of the Search and Surveillance Act 2012; and

(g) a breach of rights affirmed under section 21 of the NZ Bill of Rights
Act 1990; and

(h) a breach of article 17 of the International Covenant on Civil and
Political Rights.

 

I request that personal identifying information of the victim (or
complainant) be redacted to protect their privacy. Please submit all
documents through
http://scanmail.trustwave.com/?c=15517&a...
ensure transparency in your response.

 

In the event you are having trouble finding documentation of such
complaints, I refer you to the following emails sent to:

(i) Chris Hipkins, Ann-Marie Cavanagh and Ashley Bloomfield on Thu, Jul
16, 2020, 4:13 AM;

(ii) Health Commissioner Poutasi on Tue, Jul 16, 2019, 9:34 AM, sent three
days after confirming with a Waikato DHB Information Systems employee that
my personal communications were being intercepted by a Waikato DHB
employee; and

(iii) Deputy Health Commissioner Wilson on Sun, Aug 4, 2019, 5:04 PM.

 

I also refer you to police case #190708/7781, filed only after Waikato DHB
and Health Commissioner Poutasi refused to stop the interception of my
personal communications, which were done without my consent or the consent
of the intended recipient (e.g., my physicians, the board members,
clinical records team, and every other DHB employee). "

 

The Ministry's reference number for your request is: H202101579.

 

As required under the Official Information Act 1982 we will endeavour to
respond to your request no later than, 19 March 2021 being 20 working days
after the day your request was received.  

 

If we are unable to respond to your request within this time frame, we
will notify you of an extension of that time frame.

 

If you have any queries related to this request, please do not hesitate to
get in touch.

 

Ngā mihi

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [email address]

 

 

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Attachment H202101579 Response Letter.pdf
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Kia ora,

 

Please find attached a letter regarding your request for information.

 

Ngā mihi

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [email address]

 

 

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From: Amy S Van Wey Lovatt

Dear Ministry of Health,

I note that you have not provided all of the information I requested and it appears that you have responded publicly to an OIA request that I had made privately. Publicly responding to my Official Complaint made on 1 March 2021 was a breach of my privacy.

I made six specific requests on 19 February 2021; however you have only addressed one of those six. Further, I note that you have not provided accurate information. According to the Electronic Transactions Act and the Public Records Act, emails to the MoH must be kept and archived. Thus, any emailed complaint to the MoH must be held. While I agree that complaints of this nature should go tot he DHB and the Privacy Commissioner, under the Crown Entities Act the Minister of Health is responsible for the DHBs. Further, the standards are set out by the MoH and the MoH is legally responsible for ensuring compliance.

As for the Official Complaint I made on 1 March 2021, this was a breach of my privacy. This affirms to me that privacy is not respected at the Ministerial level, which would explain why privacy is not respected at the DHB level.

I request the date in which I shall expect the full information I requested on 19 February 2021. Including the complete number of persons who have complained. I have evidence that I am not the only person who have contacted the Minister about the interception of communications by a Waikato DHB employee. Please refer to an email sent by a US citizen to Date: 7/7/20 1:40 PM (GMT-08:00) To: [email address], [email address].

Regards,

Amy S Van Wey Lovatt

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From: Amy S Van Wey Lovatt

Dear OIA Requests,
In your previous response to my OIA, the MoH stated that they had no reports of interceptions of personal communications by DHB employees. However, this statement was clearly false as evidenced by the communications which can be found here: https://drive.google.com/drive/folders/1....

In this link, you will find a letter dated 18 September 2020, which I received as a part of the "common bundle" documents for a matter I am bringing before the Human Rights Tribunal against Waikato DHB.

Like me, Ms Elliott had notified Waikato DHB, the Ministry of Health and the NZ Police of what appeared to be serious cyber security issues at Waikato DHB in July 2020. I, however, reported this in 2019 when I found out that my emails were being intercepted by the same person as Ms Elliott's emails. Please refer to Police Case file 190708/7781.

As clearly stated, Ms Elliott had complained to the Ministry of Health (and the NZ Police ) regarding her suspicion of interception of her communications by Ms Chandler, of Waikato DHB. This is evidenced by the emails she sent me which are available through the link.

Thus, I am writing you today, under section 22-23 of the OIA, to request all of the document's the Ministry of Health relied upon in order to make the decision to not investigate my or Ms Elliot's complaints that a Waikato DHB employee had been intercepting our communications.

Yours sincerely,

Amy S Van Wey Lovatt

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From: OIA Requests


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Kia ora Amy,

 

Thank you for your request for official information. The Ministry's
reference number for your request is: H202114837.

 

As required under the Official Information Act 1982, the Ministry will
endeavour to respond to your request no later than 20 working days after
the day your request was received. If you'd like to calculate the
timeframe, you can use the Ombudsman's online calculator
here: [1]http://www.ombudsman.parliament.nz/

 

Due to the COVID-19 global pandemic response, the Ministry is experiencing
significantly higher volumes of queries and requests for information. If
we are unable to respond to your request within this time frame, we will
notify you of an extension of that time frame.

 

If you have any queries related to this request, please do not hesitate to
get in touch.

 

Ngā mihi

 

OIA Services

Government Services

Office of the Director-General

Ministry of Health

E: [2][email address]

 

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From: OIA Requests


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Kia ora Amy

 

Thank you for request for official information, received on 19 October
2021, requesting:

 

“all of the document's the Ministry of Health relied upon in order to make
the decision to not investigate my or Ms Elliot's complaints that a
Waikato DHB employee had been intercepting our communications.”

 

The Ministry of Health has decided to extend the period of time available
to respond to your request under section 15A of the Official Information
Act 1982 (the Act) as the request necessitates consultation with other
agencies. 

 

You can now expect a response to your request on, or before,  15 December
2021. 

 

You have the right, under section 28 of the Act, to ask the Ombudsman to
review my decision to extend the time available to respond to your
request.

 

Ngâ mihi

 

OIA Services Team

[1]www.health.govt.nz

 

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1. http://www.health.govt.nz/

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