DMS42-6-9548
New Zealand
Security Intelligence Service
PO Box 900, Wel ington
P +64 4 472 6170
F +64 4 472 8209
www.nzsis.govt.nz
13 September 2022
Scott
[FYI request #17682 email]
Tēnā koe Scott
Official information request
Thank you for your Official Information Act 1982 (OIA) request of 7 April 2022 to the New
Zealand Security Intelligence Service (NZSIS) seeking records of engagement with the Office
of the Privacy Commissioner (OPC) and the Office of the Inspector-General of Intelligence
and Security (IGIS) regarding data ethics.
On 9 May 2022 you were advised of an extension to the time limit for responding to this
request, to 16 June 2022, due to the consultations necessary to make a decision.
Unfortunately, due to the impact of staff absences on our operations we were unable to
meet the deadline. I apologise for the delay and thank you for your patience while we
prepared a response.
Response The NZSIS holds information that falls within scope of your request. That information has
been assessed for release to you, subject to the fol owing provisions of the OIA:
• S6(a), where the making available of the information would be likely to prejudice the
security or defence of New Zealand or the international relations of the Government
of New Zealand;
• S9(2)(a), withholding the information is necessary to protect the privacy of natural
persons;
• S9(2)(ba)(i), withholding the information is necessary to protect information which is
subject to an obligation of confidence, as release would be likely to prejudice the
supply of similar information, or information from the same source, and it is in the
public interest that such information should continue to be supplied;
• S9(2)(ba)(i ), withholding the information is necessary to protect information which is
subject to an obligation of confidence, as release would be likely to otherwise
damage the public interest; and
• S9(2)(g)(i), withholding the information is necessary to maintain the effective conduct
of public affairs through the free and frank expression of opinions by or between or
to Ministers of the Crown or members of an organisation or officers and employees
of any public service agency or organisation in the course of their duty.
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Where information has been withheld under section 9 grounds I do not consider that the
need to withhold this information is outweighed by other considerations which render it
desirable in the public interest, to make that information available.
Meetings
A meeting was held between representatives from the Office of the IGIS and NZSIS staff on
13 August 2020. No written record of the meeting was made. By way of summary, staff who
attended this meeting have confirmed it was a high-level discussion and broadly covered the
NZSIS’s intention to improve its ability to access, manage and use data with a focus on early
and ongoing discussion with oversight bodies as NZSIS’s further thinking on data evolves.
On 7 April 2021, NZSIS staff hosted a meeting with John Edwards, then Privacy
Commissioner, and Liz MacPherson, Assistant Privacy Commissioner. The purpose of this
meeting was to brief the OPC regarding the NZSIS’s data transformation work.
Please find a record of this meeting attached. Please note, this document was written by
NZSIS staff as an internal record of meeting for NZSIS purposes, and does not capture the
full discussion. Internal records of meetings such as these are not reviewed by the other
agencies who attended, and should not be considered official minutes.
Some information has been withheld under sections 6(a), 9(2)(a) and 9(2)(ba)(i-ii), of the OIA.
Review If you wish to discuss this decision with us, please feel free to contact
[NZSIS 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.
Ngā mihi
Rebecca Kitteridge
Te Tumu Whakarae mō Te Pā Whakamarumaru
Director-General of Security
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