Supporting Information for Vaccination Certificates
New Zealand Council for Civil Liberties made this Official Information request to Ministry of Health
The request was partially successful.
From: New Zealand Council for Civil Liberties
Dear Ministry of Health,
This is a request under the Official Information Act. Under section 12(3) of the OIA we are requesting that you treat this request as urgent. Our reasons for requesting urgency are set out below.
In the press conference held on 5 October 2021, the Prime Minister announced that the Cabinet had decided to introduce vaccination certificates. The Prime Minister said that the government is ‘consulting on this framework now’ and that this included their use in hospitality venues. Later in the press conference, the Prime Minister responded to a question about the use of certificates to access church services, and suggested the consultation was also including ‘what kind of measures do those organisations want to have in place’. The Prime Minister said that ‘they’re very open conversations’.
Unfortunately, NZCCL has been unable to find any consultation documents relating to the framework for vaccination certificates on the websites of the DPMC, Ministry of Health, Covid-19.govt.nz or the central consultation listing website.
We therefore request the following information held by the Ministry:
1. Copies of all the information provided to those people or organisations outside government that the Prime Minister said were being consulted on vaccination certificates; and
2. Information, correspondence, or advice received from the Privacy Commissioner or his officials, and minutes of meetings with the Commissioner or his officials, on the subject of vaccination certificates since 1 January 2021; and
3. Advice held, or received, on the Human Rights Act and NZ Bill of Rights Act implications of introducing vaccination certificates; and
4. Advice to Ministers since 1 January 2021 on police, intelligence and security agency, or public service department access to information gathered when a vaccination certificate is scanned or authenticated by a place that a certificate holder visits; and
5. Advice to Ministers since 1 May 2021 about vaccination certificates (not ‘vaccination passports’ for international use); and
6. A copy of the speaking and briefing notes officials had to hand when presenting the vaccination certificate scheme in the press conference on 5 October 2021, including any answers to questions from the media that were not in fact asked on the day, and any ‘lines to take’.
If the Ministry is unwilling to disclose the advice received and provided please provide the information that you hold in relation to the following questions:
1. Why is the government not consulting the public on vaccination certificates?
2. How is the government upholding Te Tiriti by working with Māori?
3. Why has the government not published the advice from the Privacy Commissioner, officials working on the Human Rights Act and NZ Bill of Rights Act implications, and the papers considered by Cabinet?
4. Will there be any limits on who can download and use the app for scanning vaccination certificates? If so, what limits?
5. What data will be collected by the app that scans the certificates? How much of this data will be retained on the app, or will it all be deleted once a certificate has been verified as genuine?
6. What data will be logged by the government when a vaccination certificate is scanned by a venue? Will this include location, date and time of the scan? If yes to any of this, for how long will this information be retained?
7. Will any of the data logged by the government when a certificate is scanned be shared with any other government agency? Will the government legislate to prevent this data from being shared or accessed by any other agency?
8, Will the data retained by the government be shared in aggregate form?
9. Will the data retained by the government be shared in so-called ‘anonymous’ form?
10. Will the government legislate to protect people’s rights by prohibiting supermarkets, dairies, health centres, pharmacies, and other essential public services such as transport and Work and Income offices from requiring people to show a vaccination certificate?
11. Will the government put a sunset clause in the legislation to shut down the domestic vaccination certificate system?
The Council is seeking this information urgently so that we and the public are better informed and more able to consider the proposals and provide commentary on them before the plans are finalised. The Prime Minister indicated that the timeframe for finalising the policy and introducing the necessary legislation was tight given the desire to have the scheme in place in November. The primary purpose of the Official Information Act is to enable people to participate in the making of policy. Therefore the public should have this information as soon as possible, not just after decisions have been made and legislation introduced to Parliament. In addition, the Council believes there is a strong public interest in accountability for advice and internal discussion of issues pertaining to privacy and extraordinary state powers to record, trace and share information about the movement of people. This public interest, and that in participation on an issue affecting our rights, outweighs any grounds for withholding information under the section 9 withholding grounds.
If the Ministry 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
From: OIA Requests
Tēnā koe NZ Council for Civil Liberties
Thank you for your request under the Official Information Act 1982 (the
Act) on 12 October 2021 for:
“1. Copies of all the information provided to those people or
organisations outside government that the Prime Minister said were being
consulted on vaccination certificates; and
2. Information, correspondence, or advice received from the Privacy
Commissioner or his officials, and minutes of meetings with the
Commissioner or his officials, on the subject of vaccination certificates
since 1 January 2021; and
3. Advice held, or received, on the Human Rights Act and NZ Bill of Rights
Act implications of introducing vaccination certificates; and
4. Advice to Ministers since 1 January 2021 on police, intelligence and
security agency, or public service department access to information
gathered when a vaccination certificate is scanned or authenticated by a
place that a certificate holder visits; and
5. Advice to Ministers since 1 May 2021 about vaccination certificates
(not ‘vaccination passports’ for international use); and
6. A copy of the speaking and briefing notes officials had to hand when
presenting the vaccination certificate scheme in the press conference on 5
October 2021, including any answers to questions from the media that were
not in fact asked on the day, and any ‘lines to take’.
If the Ministry is unwilling to disclose the advice received and provided
please provide the information that you hold in relation to the following
questions:
1. Why is the government not consulting the public on vaccination
certificates?
2. How is the government upholding Te Tiriti by working with Mâori?
3. Why has the government not published the advice from the Privacy
Commissioner, officials working on the Human Rights Act and NZ Bill of
Rights Act implications, and the papers considered by Cabinet?
4. Will there be any limits on who can download and use the app for
scanning vaccination certificates? If so, what limits?
5. What data will be collected by the app that scans the certificates? How
much of this data will be retained on the app, or will it all be deleted
once a certificate has been verified as genuine?
6. What data will be logged by the government when a vaccination
certificate is scanned by a venue? Will this include location, date and
time of the scan? If yes to any of this, for how long will this
information be retained?
7. Will any of the data logged by the government when a certificate is
scanned be shared with any other government agency? Will the government
legislate to prevent this data from being shared or accessed by any other
agency?
8, Will the data retained by the government be shared in aggregate form?
9. Will the data retained by the government be shared in so-called
‘anonymous’ form?
10. Will the government legislate to protect people’s rights by
prohibiting supermarkets, dairies, health centres, pharmacies, and other
essential public services such as transport and Work and Income offices
from requiring people to show a vaccination certificate?
11. Will the government put a sunset clause in the legislation to shut
down the domestic vaccination certificate system?”
I have been advised that work on vaccination certificates has been led by
the Department of Prime Minister and Cabinet (DPMC). For this reason, I
have decided to transfer all parts of your request, excluding question 6
(bolded), to DPMC under section 14 of the Act. You can expect a response
from DPMC in due course.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602.
Nāku noa, nā
Nick Allan
Manager
OIA Services Team
[2]Ministry of Health information releases
[3]Unite against COVID-19
****************************************************************************
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distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
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From: OIA Requests
Kia ora New Zealand Council of Civil Liberties
Thank you for your request under the Official Information Act 1982 (the
Act) to the Ministry of Health (the Ministry) on 12 October 2021 for:
1. Copies of all the information provided to those people or organisations
outside government that the Prime Minister said were being consulted on
vaccination certificates; and
2. Information, correspondence, or advice received from the Privacy
Commissioner or his officials, and minutes of meetings with the
Commissioner or his officials, on the subject of vaccination certificates
since 1 January 2021; and
3. Advice held, or received, on the Human Rights Act and NZ Bill of Rights
Act implications of introducing vaccination certificates; and
4. Advice to Ministers since 1 January 2021 on police, intelligence and
security agency, or public service department access to information
gathered when a vaccination certificate is scanned or authenticated by a
place that a certificate holder visits; and
5. Advice to Ministers since 1 May 2021 about vaccination certificates
(not ‘vaccination passports’ for international use); and
6. A copy of the speaking and briefing notes officials had to hand when
presenting the vaccination certificate scheme in the press conference on 5
October 2021, including any answers to questions from the media that were
not in fact asked on the day, and any ‘lines to take’.
If the Ministry is unwilling to disclose the advice received and provided
please provide the information that you hold in relation to the following
questions:
1. Why is the government not consulting the public on vaccination
certificates?
2. How is the government upholding Te Tiriti by working with Mâori?
3. Why has the government not published the advice from the Privacy
Commissioner, officials working on the Human Rights Act and NZ Bill of
Rights Act implications, and the papers considered by Cabinet?
4. Will there be any limits on who can download and use the app for
scanning vaccination certificates? If so, what limits?
5. What data will be collected by the app that scans the certificates? How
much of this data will be retained on the app, or will it all be deleted
once a certificate has been verified as genuine?
6. What data will be logged by the government when a vaccination
certificate is scanned by a venue? Will this include location, date and
time of the scan? If yes to any of this, for how long will this
information be retained?
7. Will any of the data logged by the government when a certificate is
scanned be shared with any other government agency? Will the government
legislate to prevent this data from being shared or accessed by any other
agency?
8, Will the data retained by the government be shared in aggregate form?
9. Will the data retained by the government be shared in so-called
‘anonymous’ form?
10. Will the government legislate to protect people’s rights by
prohibiting supermarkets, dairies, health centres, pharmacies, and other
essential public services such as transport and Work and Income offices
from requiring people to show a vaccination certificate?
11. Will the government put a sunset clause in the legislation to shut
down the domestic vaccination certificate system?
As advised on 27 October 2021, all parts of your request except for part 6
(bolded) were transferred to the Department of Prime Minister and Cabinet
(DPMC). You can expect a response from DPMC in due course.
The Ministry has drafted a response pertaining to part 6 of your request
and has decided to grant your request. However, more time is required to
administratively process the information for release. The Ministry
anticipates providing this information to you with some information
withheld as out of scope by 1 December 2021 at the latest.
Under section 28(3) of the Act you have the right to ask the Ombudsman to
review any decisions made under this request. The Ombudsman may be
contacted by email at: [1][email address] or by calling 0800
802 602.
Nāku noa, nā
Nick Allan
Manager OIA Services
Office of the Director-General
[2]Ministry of Health information releases
[3]Unite against COVID-19
****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
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References
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2. https://www.health.govt.nz/about-ministr...
3. https://covid19.govt.nz/
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From: OIA Requests
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Kia ora NZ Council of Civil Liberties,
Please find attached a response to your official information act request.
Ngā mihi
OIA Services
Government Services
Office of the Director-General
Ministry of Health
E: [1][email address]
****************************************************************************
Statement of confidentiality: This e-mail message and any accompanying
attachments may contain information that is IN-CONFIDENCE and subject to
legal privilege.
If you are not the intended recipient, do not read, use, disseminate,
distribute or copy this message or attachments.
If you have received this message in error, please notify the sender
immediately and delete this message.
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by the Ministry of Health's Content and Virus Filtering Gateway
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From: Information [DPMC]
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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][email address]
[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: Information [DPMC]
[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][email address]
[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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