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Passive surveillance of internet use

Carol Rene made this Official Information request to New Zealand Police

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From: Carol Rene

Dear New Zealand Police,

I am requesting under the Official Information Act the following information:

Do New Zealand Police, or any governmental or non-governmental organization that provides information or instructions to police, passively obtain information on internet use of any individuals in New Zealand? That is, can any part of the history of an individuals internet use (some of which is available to Internet Service Providers, such as web addresses visited) become available to Police without Police having a specific intent to investigate that person, for any purpose including to notify Police of potential persons of interest?

If so, I request copies of internal Police policy that demonstrates this, and which shows in as much detail as possible the extent of and methods behind this surveillance. If, however, Police do not gather information in this way, I request an explanation of the barriers that prevent Police from doing so.

Yours faithfully,

Carol Rene

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From: Ministerial Services
New Zealand Police

Tēnā koe Carol

I acknowledge receipt of your Official Information Act (OIA) request below, received by New Zealand Police on 4 October 2021

Your request is being actioned pursuant to the OIA. You can expect a response to your request on or before 2 November 2021

Kind regards, Michelle
Ministerial Services PNHQ

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Mr Rodgers left an annotation ()

Search and Surveillance Act 2012
https://www.legislation.govt.nz/act/publ...

The purpose of this Act is to facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by—
(a) modernising the law of search, seizure, and surveillance to take into account advances in technologies and to regulate the use of those technologies; and
(b) providing rules that recognise the importance of the rights and entitlements affirmed in other enactments, including the New Zealand Bill of Rights Act 1990, the Privacy Act 2020, and the Evidence Act 2006; and
(c) ensuring investigative tools are effective and adequate for law enforcement needs.

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From: Ministerial Services
New Zealand Police


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Tēnā koe Carol

 

I refer to your request of 4 October 2021 for the following information:

Do New Zealand Police, or any governmental or non-governmental
organization that provides information or instructions to police,
passively obtain information on internet use of any individuals in New
Zealand? That is, can any part of the history of an individuals internet
use (some of which is available to Internet Service Providers, such as web
addresses visited) become available to Police without Police having a
specific intent to investigate that person, for any purpose including to
notify Police of potential persons of interest?

 

If so, I request copies of internal Police policy that demonstrates this,
and which shows in as much detail as possible the extent of and methods
behind this surveillance. If, however, Police do not gather information in
this way, I request an explanation of the barriers that prevent Police
from doing so.

 

I have been asked to advise you that Police requires an extension of time
in which to respond to your request, pursuant to section 15A(1) of the
Official Information Act  1982 (OIA). Specifically, section 15A(1)(b),
consultations necessary to make a decision on the request are such that a
proper response to the request cannot reasonably be made within the
original time limit.

 

Police requires until 23 November 2021 to provide a substantive response
to your request. We are endeavouring to provide this to you as soon as
possible.

You have the right, under section 28(3) of the OIA, to make a complaint to
an Ombudsman about this extension.

 

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

 

Ngā mihi
Sarah

Ministerial Services
New Zealand Police National Headquarters Wellington

[2]wordmark transparent                   

 

===============================================================

WARNING

The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.

Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately

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From: Ministerial Services
New Zealand Police

Kia ora Carol

 

The work group within Police that are responding to your request are
interested in contacting you for clarification so, they can respond
accurately.

Are you able to provide a phone number they can contact you on?

 

Many thanks, Brittany

Ministerial Services, PNHQ

===============================================================

WARNING

The information contained in this email message is intended for the
addressee only and may contain privileged information. It may also be
subject to the provisions of section 50 of the Policing Act 2008, which
creates an offence to have unlawful possession of Police property. If you
are not the intended recipient of this message or have received this
message in error, you must not peruse, use, distribute or copy this
message or any of its contents.

Also note, the views expressed in this message may not necessarily reflect
those of the New Zealand Police. If you have received this message in
error, please email or telephone the sender immediately

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