Out of Scope
From:
To:
Subject:
RE: Enquiry to the Office of the Privacy Commissioner
Date:
Tuesday, 6 July 2021 4:31:48 PM
Thanks Out of
Scope
– no worries at all, will wait to hear from you.
Cheers,
Out of Scope
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094 | Wellington 6143 | New Zealand
Level 11 | Grant Thornton Building, 215 Lambton Quay | Wellington
E Out of Scope @privacy.org.nz | E policy team inbox: [email address]
DDI s 9(2)(a)
|
privacy.org.nz
From: Out of Scope
@nzta.govt.nz>
Sent: Tuesday, 6 July 2021 4:19 pm
To: Out of Scope
@privacy.org.nz>
Subject: RE: Enquiry to the Office of the Privacy Commissioner
Hi Out of
Scope
My apologies for the delay in responding – like you I’ve been swamped with things popping up!
I did receive your email and will come back with some answers.
I think it would be good to catch up over it all.
I’ll be in touch very soon!
Many thanks! under the Official Information Act 1982
Out of
Scope
From: Out of Scope
@privacy.org.nz>
Sent: Tuesday, 6 July 2021 3:41 PM
To: Out of Scope
@nzta.govt.nz>
Subject: RE: Enquiry to the Office of the Privacy Commissioner
Released
Hi Out of
Scope
Just checking in that (a) this email came through; and (b) whether you had any comments on
my comments? More than happy to chat if that is easier.
Cheers,
Out of Scope
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094 | Wellington 6143 | New Zealand
Level 11 | Grant Thornton Building, 215 Lambton Quay | Wellington
E Out of Scope @privacy.org.nz | E policy team inbox: [email address]
DDI s 9(2)(a)
|
privacy.org.nz
1982
Act
From: Out of Scope
Sent: Wednesday, 30 June 2021 4:38 pm
To: Out of Scope
@nzta.govt.nz>
Subject: RE: Enquiry to the Office of the Privacy Commissioner
Hi Out of
Scope
Thanks again for providing us with this PIA. My apologies for the delay in responding to you
Information
regarding this proposal – we have had quite a few relatively urgent bits of work crop up in
the interim.
The PIA was a useful read and has some good advice. I note that the PIA it covers more
than just the Distracted Driver trial you mentioned (such as the Christchurch Northern
Corridor, trialled Nov 2020), but I just wanted to confirm that you only expected comment on
the Distracted Driver trial?
Official
Critical to any proposal that involves personal information is the consideration of Information
Privacy Principle (IPP) 1, which states that “…organisations must only collect personal
information if it is for a lawful purpose connected with their functions or activities, and the
the
information is necessary for that purpose”. NZTA should consider whether this information,
collected in the manner proposed (automated photographing of individuals),
necessary for its
functions or activities.
Some comments/questions from an OPC point of view re: the Distracted Driver trial:
under
It is important to note that, despite the stated privacy mitigations (e.g. deletion;
blurring), this proposal will involve the collection of a
significant number of pictures of
individual faces over the trial period. This is in addition to the other personally
identifiable information that
Fundamentally, the PIA does not appear to contemplate any other options for
this trial. Has any consideration been given to simply surveying drivers anonymously
(thus reducing their incentive to be untruthful about their behaviours)? Why would this
not be a useful metric, compared with the seemingly more resource intensive
technology trial, which also introduces privacy issues a survey wouldn’t. We would
expect to see analysis of other options that might be workable, with clear evidence as
Released
to why they are not preferred.
The proposal notes that photos that are not of a distracted driver are deleted at the
camera – is there any evidence of the accuracy rate of this process (e.g. is there a
failure rate of X%?), and what is done with failures?
Similarly, the proposal notes that photos capture an individual will be ‘automatically
blurred’ prior to becoming apart of the
evidential package – what is the accuracy rate
of this process, and where it fails, what is done with those pictures that, presumably,
reveal the face of the individual captured?
While the intention is currently not to utilise evidential packages for any other
purposes, if this proposal were rolled out at a wider scale, would they be used for that
purpose?
What is the nature of the ‘public advice’ that will be displayed to inform drivers of the
trial?
I appreciate some of these questions might require a bit of a discussion, so I’m happy to
organise a phone call for us to work through them. Have a look at the attached and then feel
free to give me a call/email to find a good time. I’m happy to admit that I may have missed
something in the PIA that aptly explains the above points, so feel free to point me in the right
direction.
Cheers,
Out of Scope
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094 | Wellington 6143 | New Zealand
Level 11 | Grant Thornton Building, 215 Lambton Quay | Wellington
E Out of Scope @privacy.org.nz | E policy team inbox: [email address]
DDI s 9(2)(a)
|
privacy.org.nz
This message, together with any attachments, may contain information that is classified and/or
subject to legal privilege. Any classification markings must be adhered to. If you are not the intended
recipient, you must not peruse, disclose, disseminate, copy or use the message in any way. If you have
received this message in error, please notify us immediately by return email and then destroy the
original message. This communication may be accessed or retained by Waka Kotahi NZ Transport
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under the Official Information Act 1982
Released
Out of Scope
From:
To:
Subject:
RE: Discussion for Office of the Privacy Commissioner regarding distracted driving_
Date:
Tuesday, 2 November 2021 9:58:32 AM
Thanks Out of
Scope
appreciated.
Cheers,
Out of Scope
1982
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094 | Wellington 6143 | New Zealand
Level 11 | Grant Thornton Building, 215 Lambton Quay | Wellington
E Out of Scope @privacy.org.nz | E policy team inbox: [email address]
Act
DDI s 9(2)(a)
|
privacy.org.nz
From: Out of Scope
@nzta.govt.nz>
Sent: Monday, 1 November 2021 12:36 pm
Information
To: Out of Scope
@privacy.org.nz>
Subject: RE: Discussion for Office of the Privacy Commissioner regarding distracted driving_
Hi Out of
Scope
Yes – it’s certainly a little crazy!
Official
Auckland levels have had an impact on timelines with things moving further and further out!
I’m talking with the installer team later this week to see where things are at and will certainly let you
know.
the
I’m also waiting on an email from the New South Wales Transport Department. They operate all
Safety Cameras in New South Wales including the Acusensus system.
As soon as I hear back from them I’ll be in touch too – I’ve asked them about the privacy protections
they have in place.
under
Talk soon!
Out of
Scope
From: Out of Scope
@privacy.org.nz>
Sent: Monday, 1 November 2021 12:31 PM
To: Out of Scope
@nzta.govt.nz>
Released
Subject: RE: Discussion for Office of the Privacy Commissioner regarding distracted driving_
Hi Out of
Scope
Thanks for the update – the world has changed a bit since we last spoke! I assume the trial
has been on hold since the Auckland lockdown – any tentative dates for when it might
commence now?
Cheers,
Out of Scope
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094 | Wellington 6143 | New Zealand
Level 11 | Grant Thornton Building, 215 Lambton Quay | Wellington
E Out of Scope @privacy.org.nz | E policy team inbox: [email address]
DDI s 9(2)(a)
|
privacy.org.nz
1982
Act
From: Out of Scope
@nzta.govt.nz>
Sent: Tuesday, 26 October 2021 11:31 am
To: Out of Scope
@privacy.org.nz>
Subject: RE: Discussion for Office of the Privacy Commissioner regarding distracted driving_
Hi Out of
Scope
Information
It’s been some time since I was in touch…
I haven’t forgotten about this – has just been a little trying getting hold of people in New South Wales.
I’ll be in touch as soon as I have something!Official
Best regards
the
Out of
Scope
From: Out of Scope
@privacy.org.nz>
Sent: Tuesday, 17 August 2021 9:57 AM
under
To: Out of Scope
@nzta.govt.nz>
Subject: RE: Discussion for Office of the Privacy Commissioner regarding distracted driving_
Hi Out of
Scope
Thanks for the discussion the other day about the Distracted Driving trial – it was very
informative for me.
You agreed to find some information on the international uses of this technology and provide
Released
that through to me for review – this info is important for understanding how the privacy
issues of previous trials were managed, and what concerns might have been reasonably
raised (and NZTA should consider mitigating). I’ll wait to receive these before providing a
briefing to the Commissioner, and then feedback to you.
Thanks again – please feel free to give me a call if you would like to discuss.
Cheers,
Out of Scope
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094 | Wellington 6143 | New Zealand
Level 11 | Grant Thornton Building, 215 Lambton Quay | Wellington
E Out of Scope @privacy.org.nz | E policy team inbox: [email address]
DDI s 9(2)(a)
|
privacy.org.nz
1982
Act
From: Out of Scope
@nzta.govt.nz>
Sent: Tuesday, 10 August 2021 1:15 pm
To: Out of Scope
@privacy.org.nz>
Cc: Out of Scope
@nzta.govt.nz>; Out of Scope
@nzta.govt.nz>
Subject: Discussion for Office of the Privacy Commissioner regarding distracted driving_
Good afternoon Out of
Information
Scope
As a precursor for this afternoon’s meeting, please find attached responses to the points you raised
which we can work through during the meeting.
I have a room booked at our Chews Lane office where you are most welcome to join if you feel like a
change of scenery.
Official
Looking forward to catching up this afternoon!
the
Best regards
Out of
Scope
This message, together with any attachments, may contain information that is classified and/or
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under
recipient, you must not peruse, disclose, disseminate, copy or use the message in any way. If you have
received this message in error, please notify us immediately by return email and then destroy the
original message. This communication may be accessed or retained by Waka Kotahi NZ Transport
Agency for information assurance purposes.
This message, together with any attachments, may contain information that is classified and/or
subject to legal privilege. Any classification markings must be adhered to. If you are not the intended
recipient, you must not peruse, disclose, disseminate, copy or use the message in any way. If you have
received this message in error, please notify us immediately by return email and then destroy the
Released
original message. This communication may be accessed or retained by Waka Kotahi NZ Transport
Agency for information assurance purposes.
This message, together with any attachments, may contain information that is classified and/or
subject to legal privilege. Any classification markings must be adhered to. If you are not the intended
recipient, you must not peruse, disclose, disseminate, copy or use the message in any way. If you have
received this message in error, please notify us immediately by return email and then destroy the
original message. This communication may be accessed or retained by Waka Kotahi NZ Transport
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1982
Act
Information
Official
the
under
Released
From:
Out of Scope
To:
Subject:
RE: Distracted Driving
Date:
Friday, 26 November 2021 9:59:49 AM
Attachments:
image002.png
Hi Out of
Scope
I just wanted to touch base to say that I’ve received this information, and will provide some
more fulsome comments in the near future, once I’ve digested it all and considered our
previous conversations.
1982
How likely do you see mid-December as a start date?
Cheers,
Act
Out of Scope
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
PO Box 10094 | Wellington 6143 | New Zealand
Level 11 | Grant Thornton Building, 215 Lambton Quay | Wellington
E Out of Scope @privacy.org.nz | E policy team inbox: [email address]
DDI s 9(2)(a)
|
privacy.org.nz
Information
From: Out of Scope
@nzta.govt.nz>
Sent: Tuesday, 16 November 2021 12:56 pm
Official
To: Out of Scope
@privacy.org.nz>
Subject: Distracted Driving
the
Hi Out of
Scope
Apologies for the delay in getting back to you!
I have met with Transport New South Wales, who operate all safety cameras in New South Wales
under
including the distracted driving systems.
The focus of my discussion with them was around matters put in place to satisfy any concerns held by
the state Privacy Commissioner.
The NSW installations were quite pioneering in Australia, particularly as it was a new area of
enforcement for them (NSW had always intended to enforce from the cameras, which is different to
our stance).
A number of operational conditions were put in place as part of initial roll out of the detection
Released
systems with a particularly strong focus on data security and identity protection.
A base principal of delete everything that is not an offence immediately or as soon as a non-offence is
confirmed via verification.
The images taken by the cameras are scanned by the system at the road side. All images that do not
identify an offence or potential offence are automatically deleted.
The identified or potentially identified offences are then sent for verification. The verification is a
human step where cropped images are viewed, and where a driver is seen holding a phone
,confirmed as an offence. All non-offence images are deleted.
The human verification staff (all security vetted before employment by Acusensus) are provided with
tightly constrained ipads on which they view the cropped image. These ipads only operate as viewers
for the image – all other functionality has been locked.
The verifiers simply tick yes or no for an offence on each image they view.
1982
As a live enforcement programme, the verified offences detected in NSW are then pushed through for
infringement processing where the entire image is used to support the charge.
Act
Our NZ trial is considerably more constrained as we are simply capturing numbers (besides the very
limited number of ‘evidential’ images being used to evaluate system performance.
The principal applied to the NSW operation lead to the development of what is now the standard
operating process for the Acusensus system. The system we are installing here has all of these
features.
Timeline wise, COVID impacts have pushed us yet again, and we are now considering mid December
as the first possible potential start date for hardware installation.
Information
Please feel free to call at anytime for clarification!
Best regards
Out of
Scope
Official
the
Out of Scope
Safety, Health and Environment
Email: Out of Scope
@nzta.govt.nz
under
Mobile: s 9(2)(a)
Waka Kotahi NZ Transport Agency
Chews Lane Office, 50 Victoria Street
Private Bag 6995, Wellington 6141, New Zealand
Released
This message, together with any attachments, may contain information that is classified and/or
subject to legal privilege. Any classification markings must be adhered to. If you are not the intended
recipient, you must not peruse, disclose, disseminate, copy or use the message in any way. If you have
received this message in error, please notify us immediately by return email and then destroy the
original message. This communication may be accessed or retained by Waka Kotahi NZ Transport
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1982
Act
Information
Official
the
under
Released
From:
Out of Scope
To:
Cc:
Subject:
RE: Distracted Driving Project
Date:
Thursday, 12 May 2022 11:07:45 AM
Attachments:
image003 png
image004 png
CAUTION: The sender of this email is from outside Waka Kotahi. Do not click links, attachments, or reply unless you recognise he sender’s email
address and know the content is safe.
Hi Out of
Scope
Thanks for the update. Do keep us in the loop on the PIA process!
1982
Ngā mihi
Out of
Scope
Out of Scope
Act
r
Office of the Privacy Commissioner Te Mana Matapono Matatapu
Ph: s 9(2)(a)
Email: Out of [email address]
PO Box 10094, The Terrace, Wellington 6143
Level 11, 215 Lambton Quay, Wellington 6011, New Zealand
T +64 E Out of Scope @privacy.org.nz
www.privacy.org.nz
Information
Privacy is about protecting personal information, yours and others To find out how, and to stay informed, subscribe to our newsletter or follow us online
Have a privacy
question? AskUs
Caution: If you have received this message in error please notify the sender immediately and delete this message along with any attachments Please treat the contents of this
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Official
From: Out of Scope
@nzta.govt.nz>
Sent: Thursday, 12 May 2022 10:58 am
To:
the
Out of Scope
@privacy.org.nz>
Cc: Out of Scope
@privacy.org.nz>
Subject: Re: Distracted Driving Project
Hi Out and Out of
of
Scope
Scop
Thanks for
e
contacting me on this.
under
I have 'commissioned' a PIA specifically relating to the seatbelt detection as aspects with Out of Scope of simply privacy Ltd.
What we desire is (subject to the findings of the PIA and implementation of any recommendations) to activate seatbelt wearing
counts - again, only getting numbers of offences disclosed.
If the PIA raises issues that are in the too hard basket, we won't be going down the seatbelt path. The whole issue came about
from disco earing that the camera system had the seatbelt capability available.
I don't have a timeline for the PIA completion as yet - it may not even be done in time for this trial, but rest assured, seatbelt
detection will not be turned on until we have the PIA and the recs therein completed.
Released
We thought it prudent to flag the potential for seatbelt checking as part of the comms to maintain transparency.
Happy to discuss at any time!
Best regards
Out of
Scope
Out of Scope
Safe System Crash Analysis
Safety Camera System Programme
From: Out of Scope
@privacy.org.nz>
Sent: Thursday, May 12, 2022 10:18:46 AM
To: Out of Scope
@nzta.govt.nz>
Cc: Out of Scope
@privacy.org.nz>
Subject: RE: Distracted Driving Project
1982
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Kia ora Out of
Scope
Act
I hope you have been well over these past few months!
Can I please check on the status of the additional collection of information on seatbelt wearing. I see that the comms
material says
“There is also the possibility to detect seatbelt wearing through the technology, which may be turned on
during the trial period.”
Is there a PIA on this? Could you please let me know what process was undertaken on assessing the privacy
implications of this addition?
Ngā mihi
Out of
Scope
Out of Scope
Information
Office of the Privacy Commissioner Te Mana Matapono Matatapu
Ph: s 9(2)(a)
Email: Out of Scope @privacy.org.nz
PO Box 10094, The Terrace, Wellington 6143
Level 11, 215 Lambton Quay, Wellington 6011, New Zealand
T +64 E Out of Scope @privacy.org.nz
www.privacy.org.nz
Official
the
Privacy is about protecting personal information, yours and others To find out how, and to stay informed, subscribe to our newsletter or follow us online
Have a privacy
question? AskUs
Caution: If you have received this message in error please notify the sender immediately and delete this message along with any attachments Please treat the contents of this
message as private and confidential Thank you
under
From: Out of Scope
Sent: Wednesday, 23 March 2022 10:25 am
To: Out of Scope
@nzta.govt.nz>
Cc: Out of Scope
@privacy.org.nz>
Subject: RE: Distracted Driving Project
Kia ora Out of
Scope
Released
Thanks for the update. Looking forward to seeing your comms!
Even though there are some similarities between cell phone use and seatbelt wearing, this is adding an additional
purpose and use for your collection of personal information. OPC would therefore expect that seatbelt wearing be
added to the PIA as an additional purpose and run through all of the same privacy analysis. Let me know if you have
any questions on what this should look like, happy to help!
Ngā mihi
Out of
Scope
Out of Scope
Office of the Privacy Commissioner Te Mana Matapono Matatapu
Ph: s 9(2)(a)
Email: Out of Scope @privacy.org.nz
PO Box 10094, The Terrace, Wellington 6143
Level 11, 215 Lambton Quay, Wellington 6011, New Zealand
T +64 E Out of Scope @privacy.org.nz
www.privacy.org.nz
1982
Act
Privacy is about protecting personal information, yours and others To find out how, and to stay informed, subscribe to our newsletter or follow us online
Have a privacy
question? AskUs
Caution: If you have received this message in error please notify the sender immediately and delete this message along with any attachments Please treat the contents of this
message as private and confidential Thank you
From: Out of Scope
@nzta.govt.nz>
Sent: Monday, 21 March 2022 10:48 am
To: Out of Scope
@privacy.org.nz>
Cc: Out of Scope
@privacy.org.nz>
Subject: RE: Distracted Driving Project
Information
Hi Out of
Scope
Thank you very much for this!
The comms package is currently being refreshed to update dates and ensure the messaging clearly spells out that this is not about
enforcement.
The trail technology also has the capability to detect seatbelt wearing (using the same detection and verification process as for cell
Official
phone use.
My manager has said that we should test this capability as part of the trial with exactly the same approach; i.e to obtain count data
of the non-wearing rate of seatbelts.
the
The comms package will include reference to this.
I’ll send you a copy as soon as I receive the updated version.
Many thanks!
under
Out of
Scope
Out of Scope
Safety Camera System Programme
Safety, Health and Environment
Email:Out of Scope
@nzta.govt.nz
Mobile: s 9(2)(a)
Waka Kotahi NZ Transport Agency
Chews Lane Office, 50 Victoria Street
Released
Private Bag 6995, Wellington 6141, New Zealand
From: Out of Scope
@privacy.org.nz>
Sent: Monday, 21 March 2022 8:40 AM
To: Out of Scope
@nzta.govt.nz>
Cc: Out of Scope
@privacy.org.nz>
Subject: RE: Distracted Driving Project
CAUTION: The sender of this email is from outside Waka Kotahi. Do not click links, attachments, or reply unless you recognise he sender’s email
address and know the content is safe.
Kia ora Out of
Scope
Thanks for the chat late last week on NZTA’s Distracted Driving Project.
We’re really appreciative of the consultation with OPC so far to understand this trial and it’s privacy implications.
To summarise our conversation, the OPC position is that while we can see that there is privacy risk here, but we also
see the case for collecting data to understand distracted driving and ultimately improve road safety. We’re supportive of
your policy aim - we are keen to see improvements in road safety achieved in a privacy protective way.
The critical factor in our view is that NZTA ensure this trial is implemented safety and that the technology is robust. In
particular, we encourage NZTA to fully understand and mitigate for any risk of deletion/anonymisation processes
failing.
As I flagged, to understand the privacy risks of any given proposal we often try to assess what the worst possible
privacy scenario could be and work back from there. For this, I think it would be for images of distracted drivers
showing faces and/or licence plates to somehow leak. This would obviously only happen if there was a failure in the
anonymisation and storage processes, hence why we were keen to emphasise the importance of fully unpacking the
robustness of the technology you’re proposing to use. If details of possible distracted driving offences somehow leak
this could have significant impact for individuals – e.g. someone who relies on a driver’s licence for employment.
As you know, OPC does not “approve” Privacy Impact Assessments – NZTA will of course be respons ble for any
residual unmitigated privacy risk.
I’d be great to take a look at your comms if you’re able to flick it through. It’s great that you plan to notify the public of
the trial (taking your Information Privacy Principle 3 notice requirements into account). We did think that in the interests
of transparency it would be good to flag to the public that while the trial will just be gathering information on the scale of
the problem, use of this kind of technology for enforcement may be considered at a separate future stage.
If you do consider moving to use this technology for enforcement, we’d of course expect to be involved. This would
have significantly higher privacy implications than the current trail. You’d need to think very carefully about privacy
implications if enforcement is to be a possible next phase, carefully considering factors like:
1) Whether this is the best option for achieving the objective.
under the Official Information Act 1982
2) False positives – Extremely high degree of certainty would be required for enforcement.
3) What linkages would be needed across datasets and implications for privacy – licence plates, driver licences, faces
(identification of individuals driving while using phones - how would this be done?)
4) Whether facial recognition would be used for identifying drivers. Refer to our biometrics position paper for an outline
of our expectations around automated recognition of individuals based on biological or behavioral characteristics.
I hope that is useful feedback for you - always more than happy to have another conversation if you’d like.
Again, thanks so much for getting back in touch with OPC!
Ngā mihi
Released
Out of
Scope
Out of Scope
Office of the Privacy Commissioner Te Mana Matapono Matatapu
Ph:s
Email:
9
Out of Scope @privacy.org.nz
(
2
)
(
a
)
PO Box 10094, The Terrace, Wellington 6143
Level 11, 215 Lambton Quay, Wellington 6011, New Zealand
T +64 E Out of Scope @privacy.org.nz
www.privacy.org.nz
Privacy is about protecting personal information, yours and others To find out how, and to stay informed, subscribe to our newsletter or follow us online
Have a privacy
question? AskUs
1982
Caution: If you have received this message in error please notify the sender immediately and delete this message along with any attachments Please treat the contents of this
message as private and confidential Thank you
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From: Out of Scope
@privacy.org.nz>
Sent: Thursday, 10 March 2022 4:02 pm
To: Out of Scope
@nzta.govt.nz>
Cc: Out of Scope
@privacy.org.nz>
Subject: RE: Distracted Driving Project
Hi Out of
Scope
Happy New Year! I can’t believe it is March already….
Thanks for the update on the trial – I must confess it had slipped my mind in the hurried madness of last year and
feverish start to this one.
Information
We are just reacquainting ourselves with the proposal – I did have some comments based off our last meeting that I
would l ke to revisit. Ultimately the decision to proceed with the trial will be one of Waka Kotahi, but we will articulate
any remaining questions/concerns in the next week or so, and how we think these can be safeguarded. My colleague
Out of Scope
(cc’ed) will be leading that work and will be in touch at that time.
Happy to discuss now; otherwise talk soon when we have regathered our thoughts.
Cheers,
Official
Out of Scope
Office of the Privacy Commissioner Te Mana Mātāpono Matatapu
the
PO Box 10094 | Wellington 6143 | New Zealand
Level 11 | Grant Thornton Building, 215 Lambton Quay | Wellington
E Out of
@privacy.org.nz | E policy team inbox: [email address]
DDI Scope
s 9(2)(a)
|
privacy.org.nz
under
From: Out of Scope
@nzta.govt.nz>
Sent: Thursday, 10 March 2022 11:43 am
To: Out of Scope
@privacy.org.nz>
Subject: Distracted Driving Project
Hi Out of
Released
Scope
I hope all is well with you and you’ve managed to avoid the madness that seems to be prevalent everywhere these days!
Just a quick catch up regarding the Distracted driving trial…
We are aiming to install the first system at the end of the month – there have been a number of issues with equipment supply
thanks to COVID impacts on supply lines and staff.
I just wanted to check that we have addressed any concerns you have.
Please feel free to call to discuss should you wish.
Best regards
Out of
Scope
Out of Scope
1982
Safety, Health and Environment
Email:Out of Scope
@nzta.govt.nz
Mobile: s 9(2)(a)
Waka Kotahi NZ Transport Agency
Act
Chews Lane Office, 50 Victoria Street
Private Bag 6995, Wellington 6141, New Zealand
Information
This message, together with any attachments, may contain information that is classified and/or subject to legal privilege. Any
classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy
or use the message in any way. If you have received this message in error, please notify us immediately by return email and then
destroy the original message. This communication may be accessed or retained by Waka Kotahi NZ Transport Agency for
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Official
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under
Released
From:
Out of Scope
To:
Cc:
Subject:
RE: Annexure 3_Final PIA
Date:
Monday, 23 May 2022 4:13:35 PM
Attachments:
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Kia ora Mark
Yes, we saw this in the media. Thank you for keeping us in the loop.
1982
We will definitely take a look at this and provide you with feedback. What kind of timeframe are you looking for? We
usually turn PIA feedback around in 6 weeks, but happy to discuss a potential different timeframe given that this is only
an annex.
Act
Let me know.
Ngā mihi nui
Out of
Scope
Out of Scope
Office of the Privacy Commissioner Te Mana Matapono Matatapu
Ph: s 9(2)(a)
Email:O
@privacy.org.nz
PO Box
u 10094, The Terrace, Wellington 6143
t
Level 11, 215 Lambton Quay, Wellington 6011, New Zealand
o
T +64 f E Out of Scope @privacy.org.nz
Information
S
www.privacy.org.nz
c
o
p
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Caution: If you have received this message in error please notify the sender immediately and delete this message along with any attachments Please treat the contents of this
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the
From: Out of Scope
@nzta.govt.nz>
Sent: Monday, 23 May 2022 4:06 pm
To: Out of Scope
@privacy.org.nz>
Subject: Annexure 3_Final PIA
under
Good Monday afternoon Out of
Scope
Please find attached the updated annexure from the PIA Waka Kotahi has had completed by Simply Privacy.
The updated annexure includes seatbelt detection along with cell phone use.
The protection of personal information relating to seatbelts is as per the cell phone situation.
You may have seen the media on the trial today – it gets turned on at midnight tonight.
Although the media stories reference seatbelt wearing rates, that component will not be activated pending your feedback on the
Released
PIA aspects.
As per the cell phone side of this trial, no enforcement action of any sort will occur for any seatbelt offence detected.
Please let me know if you would like to discuss futher, and please do let me know your thoughts!
Best regards
Out of
Scope
Out of Scope
Safety, Health and Environment
Email:Out of Scope
@nzta.govt.nz
Mobile: s 9(2)(a)
Waka Kotahi NZ Transport Agency
Chews Lane Office, 50 Victoria Street
Private Bag 6995, Wellington 6141, New Zealand
1982
Act
This message, together with any attachments, may contain information that is classified and/or subject to legal privilege. Any
classification markings must be adhered to. If you are not the intended recipient, you must not peruse, disclose, disseminate, copy
or use the message in any way. If you have received this message in error, please notify us immediately by return email and then
destroy the original message. This communication may be accessed or retained by Waka Kotahi NZ Transport Agency for
information assurance purposes.
Information
Official
the
under
Released
Distracted Driving Trial
Office of the Privacy Commissioner Correspondence
Out of Scope
16 May 2022
0.1
Background
The Safety Camera System Programme has commenced a six month trial of Distracted Driver Detection
(cell phone use by drivers) using automated detection technology. The detection system is built around
frontal images of passing traffic being interrogated (at roadside) by Artificial Intelligence (AI) to identify
potential use of handheld cell phones by drivers.
Those images identified by the AI system as being probable offences are then verified by human
verification staff. Al images not identified as probable offences are deleted at roadside.
For the purpose of this trial, no prosecution of any form (warning, infringement or letter of advice) is being
undertaken. The trial wil determine metrics (offence rates) only, that metric being used to inform future
activity in this area.
Privacy considerations
The imagery captured by the detection system is particularly invasive, as it ‘looks’ into the cabin of the
incident vehicle to al ow a view of the driver’s hands. This brings with it the potential for unintended
identification of real persons. In understanding this, a full Privacy Impact Assessment (PIA) has been
completed, in order to identify areas where risk mitigation steps and processes are defined.
The Office of the Privacy Commissioner (OPC) was also engaged (Waka Kotahi initiated) to provide
advice on the trial and managing risk.
The Security Development Life Cycle Tool (SDLT)
A new process, the SDLT, was introduced after this project was launched. This project completed the
SDLT process. under the Official Information Act 1982
The Privacy Impact Assessment
Simply Privacy were engaged to undertake the PIA ,as part of a larger PIA capturing camera based
activity within Waka Kotahi as a whole. The matters relating directly to the Distracted Driving Trial were
provided as an annexure to the main PIA and are summarised below. It must be noted that the overal PIA
covers the use of camera technology in general and wil require agency wide consideration.
The recommendations included in the PIA have al been actioned.
Released
Annexure 3 - Distracted Driver Road Camera Proof of
Personal Information
Concept Trial (February 2021)
This trial involves the deployment of three roading
The individual images packages of an
management cameras to detect the incidence of distracted
incidence of a distracted driver contain
driving. Using a mobile phone while driving is the
limited information. The package will
predominant cause of distracted driving while other
identify the particular site of the camera
activities may also be relevant, such as reading printed
and therefore the monitored roading
material and consuming food.
space. The vehicle registration plate,
passengers and the face of the driver will
Waka Kotahi is trial ing a camera system provided by
be automatical y blurred prior to
Acusensus Pty Ltd of Australia, the
Acusensus Heads-Up
becoming part of the
evidential package.
Solution. The system is designed to detect il egal mobile
phone use by drivers. Through artificial intel igence the
The verified distracted driver’s information
camera system detects drivers whose hands are not both on wil be used in an anonymous manner to
the steering wheel of the vehicle and are potentially
determine the statistical efficacy of the
otherwise occupied with a mobile phone. A front of vehicle
Solution and establish the volume of non-
stil photo image is captured which also includes an
compliant road user behaviour.
additional close up stil image of the driver.
At the completion of the trial al
evidential
All vehicles passing the camera site are photographed.
packages information wil be destroyed.
Images that are not of a distracted driver are deleted at the
camera. Those of an apparently distracted driver are
packaged in an encrypted file (described as a
evidential
package) and forwarded to an Acusensus server on the
Amazon Web Services Cloud solution in Australia. The
decryption key is held only by Waka Kotahi.
The trial is to ascertain the effectiveness of the
Acusensus
Heads-Up Solution and ascertain the extent of non-
compliance over a 6 month period at three sites within the
Auckland roading network. Waka Kotahi wil manually check
the
evidential packages to establish the rate at which the
solution positively identifies a distracted driver.
No drivers will receive infringement notices, warnings or
communication from NZTA as a result of the trial.
Public advice about the future advent of the trial is
contemplated without disclosing the exact site of each
camera deployment to avoid a prejudice to the acquisition
under the Official Information Act 1982
of accurate statistics of the rate on driver non-compliance.
Released
Waka Kotahi NZ Transport Agency
Trial - 2
Intended Controls
•
Information that does not identify a distracted driver wil not be retained and deleted at the
camera.
•
Information that apparently identifies a distracted driver,
evidential packages, will be delivered
to the trial storage server with limited information. Passengers, registration details and the
driver’s face will all be blurred.
•
Evidential packages wil be assessed by Waka Kotahi staff to provide assurance that the images
confirm a distracted driver event.
•
Evidential packages are encrypted from the camera to the storage server at Amazon Web
Services in Australia.
•
File decryption keys wil be held only by Waka Kotahi.
•
Evidential packages information wil not be used to the detriment of the non-compliant
individuals – no infringement notices, warning or other communications wil be directed to them
by Waka Kotahi.
•
At the completion of the trial all information acquired including
evidential packages will be
deleted and destroyed.
Recommendations specific to the Distracted Driver Proof of Recommendation Date
Concept Trial
Reference
•
Accepted
•
Implemented
Designate an appropriate governance group to have R2
Accepted. For this
oversight of the trial taking into account the overall need to
project it will be
establish adequate governance for the whole of the roading
managed by the
management camera system
project team including
Out of Scope
Consider the requirements for technical security within the R7
Implemented.
roading management camera system and storage that is
commensurate with the Waka Kotahi responsibility for
security
Ensure the AWS system logs access to and activity within the R9
Implemented.
evidential packages in the event that an audit of the access
to the information is required.
Despite limited personal information and a short trial it is R8
Implemented.
appropriate to designate users for the analysis of the
Users are Out of
Scope
information so that access is limited to defined and
and Out of Scope
appropriate staff
Establish assurance reporting about the technical and R11; R12
Implemented – is part
analytical aspects of the system as required in the context of
of the project
the proof of concept trial
reporting
Devise a strategy for advising the public and other R6
Implemented Comms
stakeholders about the trial recognising the prejudice that
package completed
under the Official Information Act 1982
might accrue if the exact locations of the trial cameras are
divulged.
Responses to recommendations (in same order)
An interim group is to be formed (who forms this panel) to monitor privacy
Recommendation 1
compliance. Group to be informed through monthly trial reporting
A ful technical security appraisal has been completed by our IT security group.
Recommendation 2
Released System is deemed to have the appropriate security measures in place.
Recommendation 3
As above
Recommendation 4
Very limited access to raw information (likely project manager only)
Waka Kotahi NZ Transport Agency
Trial - 3
Recommendation 5
The trial has a weekly and monthly reporting requirement that captures this.
Recommendation 6
A ful and frank communications strategy and release has been developed.
Summary Table of PIA Recommendations
Recommendation 1
Undertake an agency risk workshop to Wil be part of Rec 2 response
qualify the risk assumptions made
within this assessment.
Recommendation 2
Identify a national governance Given the policy and strategic levels implied
structure for the national deployment further work within Privacy group to wrap this up.
of roading management cameras that Have commenced initial discussions and
includes regular oversight and documentation within Ac workstream.
assurance reporting.
Recommendation 3
Acquire a legal opinion on the Have this. Paper by Out of Scope
lawfulness of col ection of personal Haymans Lawyers 7-7-2017
information in the context of the
deployment of roading management
cameras
Recommendation 4
Establish at an early stage the primary Will be stated in the objectives for any
and directly related purposes for using deployment/investment in camera tech business
a roading management camera cases and programmes.
system and col ecting personal
information.
Recommendation 5
Establish policy or guidance for each Underway – Work has commenced on a paper
targeted deployment of roading outlining Privacy Impacts relating to enforcement
management cameras, that prescribes cameras in general
the expectations of data minimisation
so that col ection of unnecessary
personal information is eliminated.
Recommendation 6
Implement a transparency strategy to Underway – sort of exists within the strategy and
cover the deployment of a roading action plan documents under Road to Zero
management camera system
including comprehensive advice
through appropriate agency channels.
Recommendation 7
Establish technical security within the Having an IT Security audit of every planned
roading management camera system introduction of equipment is a standard part of any
and storage that is commensurate project development using technology. This has
with the agency’s responsibility for been completed for the distracted driving trial.
security
Recommendation 8
Develop a careful y designed set of Covered in Op Policy – only trained and approved
under the Official Information Act 1982
user roles for retained information, personnel.
ensuring that access to personal
information is limited to the
appropriate staff.
Recommendation 9
Ensure the system logs access to and BaU for this type of equipment but needs to be
activity within the roading
checked and verified for each vendor’s processes.
management camera data and the log Has been done for Distracted Driver trial
is audited.
Recommendation
Develop a business process for Addressed under existing OIA and personal
Released
10
approving and documenting
information rules within WK
legitimate disclosures of information
from the roading management
camera data to external agencies.
Waka Kotahi NZ Transport Agency
Trial - 4
Recommendation
Create business processes that Gazette Testing, Annual calibration and
11
provide assurance that the technical certification is an annual requirement under the
system is accurate and reliable.
Land Transport Act 1998. This aspect is being
delivered as part of the rol out of new equipment.
Recommendation
Create business processes that Impacts potential automated processing work.
12
provides for human oversight of Needs careful consideration in terms of the overall
roading management camera data programme. I personal y have concerns at losing
that contributes to decision making.
the human intervention.
Recommendation
Set retention periods for personal Evidential requirements to consider, Standard
13
information col ected by individual government 7 year retention rules?
roading management camera
systems.
Recommendation
Establish a business process that Within existing WK personal information policies.
14
administers the various requests that Also impacted by disclosure rules
wil be made for roading management
camera data/personal information.
Recommendation
Establish comprehensive guidance To be written. A ful training package is yet to be
15
and training for staff and a business written. Wil include generic privacy and camera
process that provides oversight of the operation along with role specific sections (can
way roading management camera likely ‘borrow’ the existing Police documents as a
data is managed and used.
guide.
The option to not disclose any information on the trial using the exemption in the Privacy Act that
disclosure may unduly influence the trial result) was considered but it was decided a more open approach
was appropriate; however, it was decided to not disclose the exact installation locations, instead
announcing a Greater Auckland trial.
Office of the Privacy Commissioner
The Distracted Driving Trial project group front footed engagement with the OPC, initiating contact upon
receipt of the PIA documents.
A number of verbal and email conversations fol owed ,with OPC being supplied with the ful PIA and the
project answering questions as they emerged.
The fol owing table captures the conversations with OPC.
Question / Matter raised
Project Response
1. It is important to note that, despite the
While the system collects images on which the
stated privacy mitigations (e.g. deletion;
assessment of distraction is made, this trial is focused on
blurring), this proposal wil involve the
offending rates. Waka Kotahi wil examine a very limited
under the Official Information Act 1982
collection of a
significant number of
sample of images to determine overall quality and if they
pictures of individual faces over the trial
meet New Zealand’s evidential standards. Completely
period. This is in addition to the other
anonymised copies may be used in the final report. Al
personally identifiable information that
other images wil be deleted upon completion of that
may be obtained.
verification. The only two people to see the initial images
wil be myself and Out of Scope (Waka Kotahi staff
member). As Waka Kotahi staff we are both subject to
strict private information policy rules. We ought to
emphasise that the only images acquired from the
system wil be those that detect a distracted driver, that is
committing an offence, and for the trial the image wil
Released
only show the driver’s hands, the face being pixelated by
the system. All other human images will also be
pixelated i.e. passengers.
Waka Kotahi NZ Transport Agency
Trial - 5
Question / Matter raised
Project Response
2. Fundamentally, the PIA does not appear
This trial is centred on identifying offending rates in a
to contemplate any other options for this
large metropolitan area (Auckland). We seek a
trial. Has any consideration been given
significantly large sample on which to make a sound
to simply surveying drivers anonymously
appreciation of the extent of the problem and evaluate
(thus reducing their incentive to be
the capability of the equipment to manage large numbers
untruthful about their behaviours)? Why
of vehicles. We anticipate over one mil ion vehicles wil
would this not be a useful metric,
travel past the systems over the duration of the trial. A
compared with the seemingly more
human based survey does not offer the coverage
resource intensive technology trial, which
available through the technology approach and
also introduces privacy issues a survey
introduces potential skewing of results based on matters
wouldn’t. We would expect to see
such as;
analysis of other options that might be
•
Difficulty in seeing drivers of some
workable, with clear evidence as to why
vehicles from the roadside,
they are not preferred.
•
Assumptions of cel phone use due to
lack of time to observe fast moving
traffic,
•
Health and safety concerns for
surveyors on the roadside –
particularly in high speed
environments,
•
Motorway sampling requires extensive
traffic management including high
visibility procedures for survey staff,
making it a highly overt sampling
operation which will impact results,
•
Large staff requirements to complete
the survey, and manual watching
surveys are only efficient over a limited
time period and offer a limited
deterrence
3. The proposal notes that photos that are
This is one of the key focusses of the trial, with the
not of a distracted driver are deleted at
system reliability in identifying potential offences or
the camera – is there any evidence of
instances of distraction being critical in the overall
the accuracy rate of this process (e.g. is
evaluation. Reliability and repeatability of offence
there a failure rate of X%?), and what is
recognition wil be evaluated as part of the trial.
done with failures?
4. Similarly, the proposal notes that photos
As above, the trial aims to evaluate the entire detection
capture an individual wil be
and identification process as part of the offence rate
under the Official Information Act 1982
‘automatically blurred’ prior to becoming
establishment. Aside from the completely anonymised
a part of the
evidential package – what is
images that may be used in the final report, all images
the accuracy rate of this process, and
wil be destroyed on completion of the trial. Note – any
where it fails, what is done with those
image used in the final report wil be manual y
pictures that, presumably, reveal the
anonymised by me if required to ensure absolutely no
face of the individual captured?
identifiable information is visible in the image.
5. While the intention is currently not to
This trial is exactly that, a trial to determine the extent of
utilise evidential packages for any other
the problem of distracted driving and the capability of the
Released
purposes, if this proposal were rolled out
technology to identify potential offences.
at a wider scale, would they be used for
None of the information received wil be used to support
that purpose?
any traffic charge or prosecution.
Waka Kotahi NZ Transport Agency
Trial - 6
The ability to use this technology to capture legal
evidence wil require further work including legislative
changes to the definition of a ‘Moving Vehicle
Offence’ which defines the offences that may be
enforced as owner liable offences detected via camera
and Gazette Approval of the system to have it defined as
Approved Vehicle Surveil ance Equipment under the
Land Transport Act.
6. What is the nature of the ‘public advice’
While provision exists within legislation to not notify the
that wil be displayed to inform drivers of
public of the trial (based on potential influence on results)
the trial?
we wil be advising the public of the trial and that it is
happening in Greater Auckland. We wil not however be
advising of the exact location of instal ation of the
systems in order to achieve uninfluenced results.
This is about public safety - driver distraction being
a contributor to injury and death on the roads
and anecdotal y a significantly greater contributor than
traffic accident statistics perhaps indicate. In
most circumstances public safety overrides privacy and
while that doesn’t mean there are no mitigations to
privacy this trial has adequate controls - images limited
to those that detect distraction/phone - pixelated data
including face of driver - limited meta data about the time
and location of the vehicle - data held for a short period
in safe and limited circumstances to enable analysis
following which the data wil be destroyed - no prejudice
or detriment to the subjects -
And in keeping with IPP1(2) as far as able the trial is not
collecting identifying information and it wil not be
associated with other information that wil enable identity
to be established.
Out of Scope
of OPC provided the fol owing email at the conclusion of initial discussions.
We’re real y appreciative of the consultation with OPC so far to understand this trial and it’s
privacy implications.
To summarise our conversation, the OPC position is that while we can see that there is privacy
risk here, but we also see the case for collecting data to understand distracted driving and
ultimately improve road safety. We’re supportive of your policy aim - we are keen to see
improvements in road safety achieved in a privacy protective way.
under the Official Information Act 1982
The critical factor in our view is that NZTA ensure this trial is implemented safety and that the
technology is robust. In particular, we encourage NZTA to fully understand and mitigate for any
risk of deletion/anonymisation processes failing.
As I flagged, to understand the privacy risks of any given proposal we often try to assess what
the worst possible privacy scenario could be and work back from there. For this, I think it would
be for images of distracted drivers showing faces and/or licence plates to somehow leak. This
would obviously only happen if there was a failure in the anonymisation and storage processes,
hence why we were keen to emphasise the importance of fully unpacking the robustness of the
technology you’re proposing to use. If details of possible distracted driving offences somehow
Released
leak this could have significant impact for individuals – e.g. someone who relies on a driver’s
licence for employment.
Waka Kotahi NZ Transport Agency
Trial - 7
As you know, OPC does not “approve” Privacy Impact Assessments – NZTA wil of course be
responsible for any residual unmitigated privacy risk.
I’d be great to take a look at your comms if you’re able to flick it through. It’s great that you plan
to notify the public of the trial (taking your Information Privacy Principle 3 notice requirements
into account). We did think that in the interests of transparency it would be good to flag to the
public that while the trial wil just be gathering information on the scale of the problem, use of this
kind of technology for enforcement may be considered at a separate future stage.
If you do consider moving to use this technology for enforcement, we’d of course expect to be
involved. This would have significantly higher privacy implications than the current trail. You’d
need to think very carefully about privacy implications if enforcement is to be a possible next
phase, careful y considering factors like:
1) Whether this is the best option for achieving the objective.
2) False positives – Extremely high degree of certainty would be required for enforcement.
3) What linkages would be needed across datasets and implications for privacy – licence plates,
driver licences, faces (identification of individuals driving while using phones - how would this be
done?)
4) Whether facial recognition would be used for identifying drivers. Refer to our biometrics position
paper for an outline of our expectations around automated recognition of individuals based on
biological or behavioral characteristics.
I hope that is useful feedback for you - always more than happy to have another conversation if
you’d like.
The communications strategy and content was shared with OPC. That strategy included reference to the
potential of the system to identify non-seatbelt wearing.
The OPC advised seeking a further PIA relating to seatbelt detection prior to activating this capability
during the trail. Simply Privacy have been asked to explore seatbelts by way of a PIA.
Upon receipt of, and completing any recommendations, it is the intention to activate seatbelt offence
counting as part of the trial.
Summary The Distracted Driving Trial has forced a very considered approach to image based data capture using
automatic enforcement equipment. While the individual recommendations for this trial have been met,
there is further work required to establish the strategic measures falling out of the overall PIA.
under the Official Information Act 1982
Released
Waka Kotahi NZ Transport Agency
Trial - 8
Document Outline
- OPC Correspondence (002).pdf
