Use of information gathered under the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021

New Zealand Council for Civil Liberties made this Official Information request to Department of the Prime Minister and Cabinet

The request was partially successful.

From: New Zealand Council for Civil Liberties

Dear Department of the Prime Minister and Cabinet,
This is a request under the Official Information Act. A similar request has been made to the Ministry of Health, so for the avoidance of doubt we are seeking the information held by the Department that it can make decisions on, and does not need to transfer any part of this request to the Ministry of Health.
The New Zealand Council for Civil Liberties is concerned that the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021 (the Order) does not provide that information gathered from members of the public about their visits to workplaces under the provisions of the Order may only be used for the purpose of contact tracing. Without such protection, we are concerned that the Police or other organisations may use this information for law enforcement or other purposes. We are not satisfied by verbal assurances provided by Ministers and officials as we have seen similar assurances disregarded by the police in Singapore and some Australian states.
We are also concerned that the Order does not require workplaces to use ballot box style tools for people drop slips of paper with their contact details into, instead permitting the continued use of open registers.
We are also concerned that clause 11(2)(a) of the Order does not require destruction of the record after 60 days, only ‘disposal’.
We therefore request information held by the Department (including unrecorded information known to the relevant Department officials) about:
a) Consideration of, advice on, or responses to communications received from third parties about statutory limitations on the use of contact record information provided by members of the public to a workplace; and
b) Advice to Ministers or senior officials since 1 January 2021 about mandating the provision and collection of contact information from members of the public when they visit a workplace; and
c) Advice to Ministers or senior officials since 1 January 2021 on limitations on the use of contact record information provided by members of the public to a workplace; and
d) Advice to Ministers or senior officials since 1 March 2020 on privacy protection for contact record information provided by members of the public to a workplace; and
e) Advice to Ministers or senior officials since 1 March 2020 on police, intelligence and security agency, or public service department access to information provided by the public to organisations undertaking contact tracing for Covid-19 public health purposes; and
f) All advice on the retention and disposal of contact records by workplaces since 1 January 2021 that informed the drafting of clause 11(2) of the Order.
The Council believes the strong public interest in accountability for advice and internal discussion of issues pertaining to privacy and extraordinary state powers to record and trace information about the movement of people outweighs any grounds for withholding information under the section 9 withholding grounds.
If the Department decides to withhold any information in response to this request we further request, under section 19(a)(ii) of the OIA that the Department provide the specific reasons for citing each withholding ground.
Yours sincerely,

The New Zealand Council for Civil Liberties

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From: Information [DPMC]
Department of the Prime Minister and Cabinet

Tēnā koe 

 

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Cabinet (DPMC), including the National Emergency Management
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From: Information [DPMC]
Department of the Prime Minister and Cabinet


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[IN-CONFIDENCE]

 

Kia ora

 

Thank you for your request under the Official Information Act 1982 which
was received on 10 September 2021, copied below. A response will be
provided in accordance with the Act.

The Department of the Prime Minister and Cabinet (DPMC) may publish the
response to your Official Information Act (OIA) request.

 

When you are provided with a response to this request, you will be
informed about whether the response to your OIA request will be published.
If DPMC does publish the response to your OIA request, personal
information, including your name and contact details, will be removed.
This publication process does not apply to extension letters or transfers.

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E    [1][DPMC request email]
 
[2]cid:image002.png@01D43609.296F69C0
 
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.

 

 

 

 

 

-----Original Message-----
From: New Zealand Council for Civil Liberties
<[FOI #16693 email]>
Sent: Friday, 10 September 2021 11:25 am
To: Information [DPMC] <[DPMC request email]>
Subject: Official Information request - Use of information gathered under
the COVID-19 Public Health Response (Alert Level Requirements) Order (No
10) 2021

 

Dear Department of the Prime Minister and Cabinet, This is a request under
the Official Information Act. A similar request has been made to the
Ministry of Health, so for the avoidance of doubt we are seeking the
information held by the Department that it can make decisions on, and does
not need to transfer any part of this request to the Ministry of Health.

The New Zealand Council for Civil Liberties is concerned that the COVID-19
Public Health Response (Alert Level Requirements) Order (No 10) 2021 (the
Order) does not provide that information gathered from members of the
public about their visits to workplaces under the provisions of the Order
may only be used for the purpose of contact tracing. Without such
protection, we are concerned that the Police or other organisations may
use this information for law enforcement or other purposes. We are not
satisfied by verbal assurances provided by Ministers and officials as we
have seen similar assurances disregarded by the police in Singapore and
some Australian states.

We are also concerned that the Order does not require workplaces to use
ballot box style tools for people drop slips of paper with their contact
details into, instead permitting the continued use of open registers.

We are also concerned that clause 11(2)(a) of the Order does not require
destruction of the record after 60 days, only ‘disposal’.

We therefore request information held by the Department (including
unrecorded information known to the relevant Department officials) about:

a)    Consideration of, advice on, or responses to communications received
from third parties about statutory limitations on the use of contact
record information provided by members of the public to a workplace; and

b)    Advice to Ministers or senior officials since 1 January 2021 about
mandating the provision and collection of contact information from members
of the public when they visit a workplace; and

c)    Advice to Ministers or senior officials since 1 January 2021 on
limitations on the use of contact record information provided by members
of the public to a workplace; and

d)    Advice to Ministers or senior officials since 1 March 2020 on
privacy protection for contact record information provided by members of
the public to a workplace; and

e)    Advice to Ministers or senior officials since 1 March 2020 on
police, intelligence and security agency, or public service department
access to information provided by the public to organisations undertaking
contact tracing for Covid-19 public health purposes; and

f)      All advice on the retention and disposal of contact records by
workplaces since 1 January 2021 that informed the drafting of clause 11(2)
of the Order.

The Council believes the strong public interest in accountability for
advice and internal discussion of issues pertaining to privacy and
extraordinary state powers to record and trace information about the
movement of people outweighs any grounds for withholding information under
the section 9 withholding grounds.

If the Department decides to withhold any information in response to this
request we further request, under section 19(a)(ii) of the OIA that the
Department provide the specific reasons for citing each withholding
ground.

Yours sincerely,

 

The New Zealand Council for Civil Liberties

 

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

 

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

 

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[3][FOI #16693 email]

 

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

[6]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.

 

 

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References

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From: Information [DPMC]
Department of the Prime Minister and Cabinet


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[UNCLASSIFIED]

 

Kia ora koe,

 

Please see the attached letter regarding your recent OIA request.

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E    [1][DPMC request email]
 
[2]cid:image002.png@01D43609.296F69C0
 
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.

 

 

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From: New Zealand Council for Civil Liberties

Dear DPMC,

Thank you for your letter of 8 October 2021.

In that letter the Department said that it was awarding itself a six week extension to the date for responding to our request. It said this was because of both the volume of information requested and the need to consult others.

In deciding whether to complain to the Ombudsman about the decision to extend the time for making a decision on our request, it would be helpful to know about progress with responding to it. Please provide us with an update on your search for the information requested. Please also provide us with the details of who is being consulted, and an update on progress with those consultations.

Kind regards,

The New Zealand Council for Civil Liberties

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From: Information [DPMC]
Department of the Prime Minister and Cabinet

Dear New Zealand Council for Civil Liberties,

I am just writing to inform you that there will be a delay in providing the information you have requested under the Official Information Act 1982 (the Act).

The Department of the Prime Minister and Cabinet is directly involved in the government response to COVID-19. Due to this, our timelines to respond to requests have been impacted. We are working to ensure that this delay is minimal, and appreciate your patience and understanding as we work towards finalising your response.

You have the right to ask the Ombudsman to investigate and review this delay under section 28(3) of the Act.

Many thanks,

DPMC Ministerial and Business Services

-----Original Message-----
From: New Zealand Council for Civil Liberties <[FOI #16693 email]>
Sent: Monday, 8 November 2021 12:58 pm
To: Information [DPMC] <[DPMC request email]>
Subject: Re: Your OIA Request - Extension Notification

Dear DPMC,

Thank you for your letter of 8 October 2021.

In that letter the Department said that it was awarding itself a six week extension to the date for responding to our request. It said this was because of both the volume of information requested and the need to consult others.

In deciding whether to complain to the Ombudsman about the decision to extend the time for making a decision on our request, it would be helpful to know about progress with responding to it. Please provide us with an update on your search for the information requested. Please also provide us with the details of who is being consulted, and an update on progress with those consultations.

Kind regards,

The New Zealand Council for Civil Liberties

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

 

 

[UNCLASSIFIED]

 

Kia ora koe,

 

Please see the attached letter regarding your recent OIA request.

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet E    [1][DPMC request email]
 
[2]cid:image002.png@01D43609.296F69C0
 
The information contained in this email message is for the attention of the intended recipient only and is not necessarily the official view or communication of the Department of the Prime Minister and Cabinet. If you are not the intended recipient you must not disclose, copy or distribute this message or the information in it. If you have received this message in error, please destroy the email and notify the sender immediately.

 

 

References

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-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #16693 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.

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

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From: Information [DPMC]
Department of the Prime Minister and Cabinet


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Attachment OIA Thomas Beagle.pdf
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Attachment 4474881 OIA261 release document NZCCL Part1.pdf
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[UNCLASSIFIED]

 

Kia ora koe,

 

Please see the attached letter regarding your recent OIA request.

Please note: Part 2 of release document will follow

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E    [1][DPMC request email]
 
[2]cid:image002.png@01D43609.296F69C0
 
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.

 

 

References

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From: Information [DPMC]
Department of the Prime Minister and Cabinet


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Attachment 4474881 OIA261 release document NZCCL Part2.pdf
18.2M Download View as HTML


Release document part 2.

Merry Christmas

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E    [1][DPMC request email]
 
[2]cid:image002.png@01D43609.296F69C0
 
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.

 

 

 

 

From: Information [DPMC] <[DPMC request email]>
Sent: Friday, 24 December 2021 11:58 am
To: New Zealand Council for Civil Liberties
<[FOI #16693 email]>
Subject: Your OIA Request - A Response

 

 

 

[UNCLASSIFIED]

 

Kia ora koe,

 

Please see the attached letter regarding your recent OIA request.

Please note: Part 2 of release document will follow

 

Ngā mihi,

 

Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E    [3][DPMC request email]
 
[4]cid:image002.png@01D43609.296F69C0
 
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.

 

 

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