Accessing personal information in the Motor Vehicle Register
Mike made this Official Information request to New Zealand Transport Agency
The request was successful.
From: Mike
Dear New Zealand Transport Agency,
The data you publish here (https://www.nzta.govt.nz/assets/vehicle/...) shows that as at 30th Nov 2023 there are 1,848 organisations with "open" access to Personally Identifiable Information (PII) held in the Motor Vehicle Register (MVR). By "open" I mean without requiring a record review by NZTA staff which I beleive is referred to as a MVR31. This is in addition to organisations or people who use services like CarJam.co.nz that resell information from the MVR.
1. Record keeping
I am aware that in some cases the organisation may be required by the gazette approval to keep their own record of when they access the MVR, or in particular PII from the MVR. However that does not absolve your agencies responibilities under the Privacy Act.
For this question I am only interested in the information that your agency may, or may not, hold and not the organisations who access the MVR.
1a. Do you keep a record each time any one of those organisations request PII from the MVR?
For clarity I will give a scenario. John Doe has a car registered in the MVR, as an approved organisation Acme Corp searches the MVR for that car and retrieve's John's personal info.
Do you record that Acme has accessed John Doe's personal info?
1b. If not, why not keeping in mind your responibilities and accountabilities under the Privacy Act 2020, the Public Records Act 2005 (PRA)?
1c. If so, how long do you keep that record for?
1d. If so, what attributes are there in that record? e.g. date, time, method of access to the MVR, requesting organisation name etc... Note I am only asking what type of data is recorded, not for a copy of the data itself.
1e. If so, can the person who owns that PII make a privact request under the Privacy Act 2020 for a "report" (or similar) that would show them each time their PII was accessed by one of the 1,848 organisations?
e.g. Using the scenario provided, can John request a "report" from you showing each time a organisation accessed his information from the MVR?
2. Private parking enforcement
There are quite a number of parking enforcement organisations, which are not local government, with access pursuant to s 241 of the Land Transport Act 1998. From the better known ones like Care Park NZ Limited and Wilson Parking New Zealand Limited to the lessor such as Colwall Property Investment Limited T/A Atrium Carpark.
2a. When considering a request by one of these parking enforcement organisations to be granted access to PII in the MVR what is the basis that NZTA is looking for to decide to use s 241 of the Land Transport Act 1998 to expose PII in an effort to uphold a claim of Contract law from a private parking enforcement organisation?
To be clear I am asking for what factors your agency takes into consideration when granting access in these specific cases, and what measures it applies when granting the approval.
2b. Has the agency taken legal advice on the use of s 241 of the Land Transport Act 1998 to assist private parking enforcement organisations trying to enforce a contract.
3. Care Park NZ Limited
Gazette ID # 2022-au3717 refers to the link https://www.nzta.govt.nz/assets/vehicle/... for the conditions but that document is no longer available online.
3a. Can you please provide a copy of those conditions that were published on your website and is referenced by the Gazette.
Yours faithfully,
Mike
From: Official Correspondence
New Zealand Transport Agency
Kia ora Mike
This email acknowledges your below request for information made under the
Official Information Act 1982.
Your request has been forwarded to the appropriate section of Waka Kotahi
NZ Transport Agency for response. They will contact you if they require
clarification of your request, more time to respond, or if your request
has been transferred to another organisation to respond to. Unless more
time is required, Waka Kotahi will send a response to you within 20
working days of receiving your request – in this instance on or before 24
January 2024.
Please note the summer holiday period for Official Information Act
requests runs from 25 December to 15 January each year and means these
days are not counted as working days. You can find out more about OIA
timeframes during the Christmas period at:
[1]http://www.ombudsman.parliament.nz/.
Lastly, the information you have requested may contain the names and
contact details of our staff. Please let us know whether you require these
names and contact details. We may need to consult our staff before
deciding whether we can release this information, and this may take a bit
more time. If we do not hear from you we will assume that you do not
require staff names and contact details.
If you would like to discuss your request with Waka Kotahi, please contact
us by email at [2][NZTA request email].
Ngâ mihi
Ministerial Services
Te Waka Kôtuia | Engagement & Partnerships
Waka Kotahi NZ Transport Agency
[3]twitter | [4]youtube | [5]facebook
[6][IMG]
-----Original Message-----
From: Mike <[FOI #25040 email]>
Sent: Tuesday, 5 December 2023 11:34 PM
To: Official Correspondence <[email address]>
Subject: Official Information request - Accessing personal information in
the Motor Vehicle Register
CAUTION: The sender of this email is from outside Waka Kotahi. Do not
click links, attachments, or reply unless you recognise the sender’s email
address and know the content is safe.
Dear New Zealand Transport Agency,
The data you publish here
([7]https://aus01.safelinks.protection.outlo...)
shows that as at 30th Nov 2023 there are 1,848 organisations with "open"
access to Personally Identifiable Information (PII) held in the Motor
Vehicle Register (MVR). By "open" I mean without requiring a record review
by NZTA staff which I beleive is referred to as a MVR31. This is in
addition to organisations or people who use services like CarJam.co.nz
that resell information from the MVR.
1. Record keeping
I am aware that in some cases the organisation may be required by the
gazette approval to keep their own record of when they access the MVR, or
in particular PII from the MVR. However that does not absolve your
agencies responibilities under the Privacy Act.
For this question I am only interested in the information that your agency
may, or may not, hold and not the organisations who access the MVR.
1a. Do you keep a record each time any one of those organisations request
PII from the MVR?
For clarity I will give a scenario. John Doe has a car registered in the
MVR, as an approved organisation Acme Corp searches the MVR for that car
and retrieve's John's personal info.
Do you record that Acme has accessed John Doe's personal info?
1b. If not, why not keeping in mind your responibilities and
accountabilities under the Privacy Act 2020, the Public Records Act 2005
(PRA)?
1c. If so, how long do you keep that record for?
1d. If so, what attributes are there in that record? e.g. date, time,
method of access to the MVR, requesting organisation name etc... Note I am
only asking what type of data is recorded, not for a copy of the data
itself.
1e. If so, can the person who owns that PII make a privact request under
the Privacy Act 2020 for a "report" (or similar) that would show them each
time their PII was accessed by one of the 1,848 organisations?
e.g. Using the scenario provided, can John request a "report" from you
showing each time a organisation accessed his information from the MVR?
2. Private parking enforcement
There are quite a number of parking enforcement organisations, which are
not local government, with access pursuant to s 241 of the Land Transport
Act 1998. From the better known ones like Care Park NZ Limited and Wilson
Parking New Zealand Limited to the lessor such as Colwall Property
Investment Limited T/A Atrium Carpark.
2a. When considering a request by one of these parking enforcement
organisations to be granted access to PII in the MVR what is the basis
that NZTA is looking for to decide to use s 241 of the Land Transport Act
1998 to expose PII in an effort to uphold a claim of Contract law from a
private parking enforcement organisation?
To be clear I am asking for what factors your agency takes into
consideration when granting access in these specific cases, and what
measures it applies when granting the approval.
2b. Has the agency taken legal advice on the use of s 241 of the Land
Transport Act 1998 to assist private parking enforcement organisations
trying to enforce a contract.
3. Care Park NZ Limited
Gazette ID # 2022-au3717 refers to the link
[8]https://aus01.safelinks.protection.outlo...
for the conditions but that document is no longer available online.
3a. Can you please provide a copy of those conditions that were published
on your website and is referenced by the Gazette.
Yours faithfully,
Mike
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[9][FOI #25040 email]
Is [10][NZTA request email] the wrong address for Official
Information requests to New Zealand Transport Agency? If so, please
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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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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.
References
Visible links
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2. mailto:[NZTA request email]
3. https://twitter.com/WakaKotahi_news
4. https://www.youtube.com/user/NZTransport...
5. https://www.facebook.com/TransportAgency
6. https://nzta.govt.nz/
7. https://www.nzta.govt.nz/assets/vehicle/...
8. https://www.nzta.govt.nz/assets/vehicle/...
9. mailto:[FOI #25040 email]
10. mailto:[NZTA request email]
11. https://fyi.org.nz/change_request/new?bo...
12. https://fyi.org.nz/help/officers
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From: Official Correspondence
New Zealand Transport Agency
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Kia ora Mike
Please find attached the response to your request of 5 December 2023 for
information under the Official Information Act 1982.
Ngā mihi
Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
Waka Kotahi NZ Transport Agency
[1]twitter | [2]youtube | [3]facebook
[4][IMG]
-----Original Message-----
From: Mike <[5][FOI #25040 email]>
Sent: Tuesday, December 5, 2023 11:34 PM
To: Official Correspondence <[6][email address]>
Subject: Official Information request - Accessing personal information in
the Motor Vehicle Register
CAUTION: The sender of this email is from outside Waka Kotahi. Do not
click links, attachments, or reply unless you recognise the sender’s email
address and know the content is safe.
Dear New Zealand Transport Agency,
The data you publish here
([7]https://aus01.safelinks.protection.outlo...)
shows that as at 30th Nov 2023 there are 1,848 organisations with "open"
access to Personally Identifiable Information (PII) held in the Motor
Vehicle Register (MVR). By "open" I mean without requiring a record review
by NZTA staff which I beleive is referred to as a MVR31. This is in
addition to organisations or people who use services like CarJam.co.nz
that resell information from the MVR.
1. Record keeping
I am aware that in some cases the organisation may be required by the
gazette approval to keep their own record of when they access the MVR, or
in particular PII from the MVR. However that does not absolve your
agencies responibilities under the Privacy Act.
For this question I am only interested in the information that your agency
may, or may not, hold and not the organisations who access the MVR.
1a. Do you keep a record each time any one of those organisations request
PII from the MVR?
For clarity I will give a scenario. John Doe has a car registered in the
MVR, as an approved organisation Acme Corp searches the MVR for that car
and retrieve's John's personal info.
Do you record that Acme has accessed John Doe's personal info?
1b. If not, why not keeping in mind your responibilities and
accountabilities under the Privacy Act 2020, the Public Records Act 2005
(PRA)?
1c. If so, how long do you keep that record for?
1d. If so, what attributes are there in that record? e.g. date, time,
method of access to the MVR, requesting organisation name etc... Note I am
only asking what type of data is recorded, not for a copy of the data
itself.
1e. If so, can the person who owns that PII make a privact request under
the Privacy Act 2020 for a "report" (or similar) that would show them each
time their PII was accessed by one of the 1,848 organisations?
e.g. Using the scenario provided, can John request a "report" from you
showing each time a organisation accessed his information from the MVR?
2. Private parking enforcement
There are quite a number of parking enforcement organisations, which are
not local government, with access pursuant to s 241 of the Land Transport
Act 1998. From the better known ones like Care Park NZ Limited and Wilson
Parking New Zealand Limited to the lessor such as Colwall Property
Investment Limited T/A Atrium Carpark.
2a. When considering a request by one of these parking enforcement
organisations to be granted access to PII in the MVR what is the basis
that NZTA is looking for to decide to use s 241 of the Land Transport Act
1998 to expose PII in an effort to uphold a claim of Contract law from a
private parking enforcement organisation?
To be clear I am asking for what factors your agency takes into
consideration when granting access in these specific cases, and what
measures it applies when granting the approval.
2b. Has the agency taken legal advice on the use of s 241 of the Land
Transport Act 1998 to assist private parking enforcement organisations
trying to enforce a contract.
3. Care Park NZ Limited
Gazette ID # 2022-au3717 refers to the link
[8]https://aus01.safelinks.protection.outlo...
for the conditions but that document is no longer available online.
3a. Can you please provide a copy of those conditions that were published
on your website and is referenced by the Gazette.
Yours faithfully,
Mike
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[9][FOI #25040 email]
Is [10][NZTA request email] the wrong address for Official
Information requests to New Zealand Transport Agency? If so, please
contact us using this form:
[11]https://aus01.safelinks.protection.outlo...
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[12]https://aus01.safelinks.protection.outlo...
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.
-------------------------------------------------------------------
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.
References
Visible links
1. https://twitter.com/WakaKotahi_news
2. https://www.youtube.com/user/NZTransport...
3. https://www.facebook.com/TransportAgency
4. https://nzta.govt.nz/
5. mailto:[FOI #25040 email]
6. mailto:[email address]
7. https://www.nzta.govt.nz/assets/vehicle/...
8. https://www.nzta.govt.nz/assets/vehicle/...
9. mailto:[FOI #25040 email]
10. mailto:[NZTA request email]
11. https://fyi.org.nz/change_request/new?bo...
12. https://fyi.org.nz/help/officers
hide quoted sections
From: Mike
Dear Official Correspondence,
First off thank you for your clear reply, it has answered all of the questions I raised. Could I please ask one clarification question based on your reply to save requesting it in a separate OIA.
In your response you mention that "users log in via a RealMe account".
Could you advise if the user must use a RealMe Verified account (https://www.realme.govt.nz/how-apply/) or if any RealMe account is accepted?
Yours sincerely,
Mike
From: Official Correspondence
New Zealand Transport Agency
Kia ora Mike
Thank you for your further query.
To confirm, users just need to use a RealMe account. This account does not
need to be verified.
Ngā mihi
Chanell
Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships
Waka Kotahi NZ Transport Agency
[1]twitter | [2]youtube | [3]facebook
[4][IMG]
-----Original Message-----
From: Mike <[5][FOI #25040 email]>
Sent: Sunday, January 28, 2024 8:19 PM
To: Official Correspondence <[6][email address]>
Subject: Re: OIA-14226 RESPONSE
CAUTION: The sender of this email is from outside Waka Kotahi. Do not
click links, attachments, or reply unless you recognise the sender’s email
address and know the content is safe.
Dear Official Correspondence,
First off thank you for your clear reply, it has answered all of the
questions I raised. Could I please ask one clarification question based on
your reply to save requesting it in a separate OIA.
In your response you mention that "users log in via a RealMe account".
Could you advise if the user must use a RealMe Verified account
([7]https://aus01.safelinks.protection.outlo...)
or if any RealMe account is accepted?
Yours sincerely,
Mike
-----Original Message-----
Kia ora Mike
Please find attached the response to your request of 5 December 2023 for
information under the Official Information Act 1982.
Ngā mihi
Ministerial Services
Te Waka Kōtuia | Engagement & Partnerships Waka Kotahi NZ Transport
Agency
[1]twitter | [2]youtube | [3]facebook
[4][IMG]
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[8][FOI #25040 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[9]https://aus01.safelinks.protection.outlo...
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.
-------------------------------------------------------------------
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.
References
Visible links
1. https://twitter.com/WakaKotahi_news
2. https://www.youtube.com/user/NZTransport...
3. https://www.facebook.com/TransportAgency
4. https://nzta.govt.nz/
5. mailto:[FOI #25040 email]
6. mailto:[email address]
7. https://www.realme.govt.nz/how-apply/
8. mailto:[FOI #25040 email]
9. https://fyi.org.nz/help/officers
hide quoted sections
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