Redirection of emails or interception of communications under the guise of a communication plans
Anon made this Official Information request to Accident Compensation Corporation
The request was refused by Accident Compensation Corporation.
From: Anon
Dear Accident Compensation Corporation,
I am writing in regard to ACC's OIA responses
- GOV-00524607 dated 07 July 2020; and
- GOV-026875 dated 11 August 2023.
Request 1: In 2020 you stated that Datacom provided all email services for ACC. I request up-to-date information as to who provides email services for ACC.
Request 2: For each year over the last 10 years, the number of ACC claimants ACC placed on a communication plans which included:
(a) the redirection of all emails sent by a claimant to a specific person, which hindered the intended recipient from receiving the emails (i.e., interception of personal communications) or
(b) instructions to all ACC staff to refuse to speak over the phone with the claimant.
Request 3: I request documents, policies, processes, rules, and or any other information pertaining to ACC's use of their interception capabilities in connection with ACC's communication plans to redirect emails from the intended recipient to a non-intended recipient.
Request 4: I request documents, policies, processes, rules, and or any other information pertaining to the consent ACC obtains from staff and claimants regarding the interception of personal communications, which ACC describes as redirection of emails connected to communication plans.
Request 5: For each year over the last 10 years, the number of ACC claimants who have complained about or requested reviews of ACC's decision to implement a communication plan that resulted in the interception of communications by a person who was not intended to receive the correspondence, the outcomes of those investigations (such as breaches of Privacy Act or NZ Bill of Rights) and the results of those reviews.
Request 6: The names of the individuals, including the title of the persons, who have assisted ACC employees to use ACC's interception capabilities as a means of controlling a claimant's correspondence under the guise of a communication plan. That is, the names of persons and their titles, of those who assisted in the redirection of emails, without the consent of the sender (the claimant on the interception pan). Please specify if theses individuals were employees of ACC or employees of Datacom or the provider for email services.
My request is pursuant to the Code and the OIA, including s 2(5).
Thanks.
An
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. You can check the [1]Ombudsman OIA response
calculator to find when your request for official information will be due
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. 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.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement Team
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
Disclaimer:
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Anon left an annotation ()
Thanks Scott for your annotation; however, interception of personal communications cannot be considered "reasonable" as it is a criminal offence under section 216B of the Crimes Act 1961, unless the rule of law does not apply in NZ.
The interception of personal communications is a breach of rights affirmed under s 21 of the NZ Bill of Rights Act, and a would be consistent with a breach of the Privacy Act 2020, s 22, IPP 2, IPP 4, IPP 5, IPP 8 and IPP 9.
From: Government Services
Accident Compensation Corporation
Kia ora
Please find attached our response to your official information request
dated 6 December 2023. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here.
Ngâ mihi
Sara Freitag (she/her)
Manager | OIA Services
' 027 973 7330
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
------------------- Original Message
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This is an Official Information request made via the FYI website.
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From: Anon
Dear Government Services,
Please provide me with a copy of all "71 mail flow rules for email redirection purposes."
This is an official complaint. Names of government employees are not protected under section 9(2) of the OIA, as determined by the Ombudsman and the Office of the Privacy Commissioner.
I again refer you to the publicly available information on the Ombudsman's website. The document titled "Names and contact details of public sector employ", available here: https://www.ombudsman.parliament.nz/reso...
Yours sincerely,
Anon
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. Please note that the period from 25 December 2023
to 15 January 2024 (inclusive) are not counted as working days under the
Official Information Act 1982, and our offices will be closed from 25
December to 7 January. OIA requests submitted after 27 November 2023 may
take a bit longer than you expected. You can check the [1]Ombudsman OIA
response calculator to find when your request for official information
will be due.
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. 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.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
References
Visible links
1. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...
From: Government Services
Accident Compensation Corporation
Kia ora
Please find attached our response to your official information request
dated 25 January 2024. If you have any questions about the response you
can contact us at this [1]address, for all other matters please use our
contact form at: [2]https://www.acc.co.nz/contact/ alternatively give us a
call on 0800 101 996.
If you are having trouble viewing the PDF, please ensure you have the
latest version of Adobe Acrobat Reader. To download this freeware please
click [3]here.
Ngā mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
show quoted sections
From: Anon
Dear Government Services,
This is an official complaint under the Code. "71 mail flow rules for email redirection purposes" has nothing to do with personal information, as these are rules (or computer code) which is dictates how emails are redirected. This has nothing to do with any one identifiable person.
Please provide the list of the 71 mail flow rules for email redirection, as well as the number of persons who are affected by that rule. For instance, one email redirection rule may be that of interception of a claimants communications. This would mean that all emails sent by a claimant are automatically redirected to a single ACC employee, without the consent of the claimant or the consent of the intended recipient. With such a rule, the intended recipient does not receive the email. Another rule may be that all communications which reference a claimants ID, claimants name, or claimants email address, are intercepted (automatically redirected) to an ACC employee rather than being sent to the intended recipient. This would mean that anyone who communicates within ACC, or to ACC, about that claimant, would have those emails being intercepted without their knowledge or consent.
Please respond to my complaint via FYI.or.nz so that there is transparency in how ACC deals with complaints.
Yours sincerely,
An
From: Government Services
Accident Compensation Corporation
Kia ora
Thank you for contacting ACC; this is an automatic reply to confirm we
have received your email.
We will try to respond your query as quickly as possible. However,
depending on the nature of your request you may not receive a response for
up to 20 working days. Please note that the period from 25 December 2023
to 15 January 2024 (inclusive) are not counted as working days under the
Official Information Act 1982, and our offices will be closed from 25
December to 7 January. OIA requests submitted after 27 November 2023 may
take a bit longer than you expected. You can check the [1]Ombudsman OIA
response calculator to find when your request for official information
will be due.
In cases where ACC’s response provides information that is identified to
be of general public interest, the response may also be published on the
ACC’s website. If ACC publishes the response to your OIA request, all
personal information, including your name and contact details, will be
removed.
The information you have requested may involve documents which contains
the names of our staff. Please let us know whether you require these
names. 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.
Our [2]website provides up to date news and information about our work.
You can also follow us on [3]Facebook and [4]Twitter. Further information
about how to contact us is also available [5]here.
Ngâ mihi,
Government Engagement, ACC
' 0800 101 996
* Box 242, Wellington 6011
[6]www.acc.co.nz
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
References
Visible links
1. http://www.ombudsman.parliament.nz/agenc...
2. http://www.acc.co.nz/
3. http://www.facebook.com/ACCNewZealand/
4. https://twitter.com/accnz
5. http://www.acc.co.nz/contact/
6. https://aus01.safelinks.protection.outlo...
From: Government Services
Accident Compensation Corporation
Kia ora Anon
To make a complaint under the Code of Claimants’ Rights (the Code), please
follow the instructions at:
[1]www.acc.co.nz/im-injured/resolve-an-issue/talk-to-us-or-make-a-complaint/.
To make a complaint to the Ombudsman, please follow the instructions at:
[2]www.ombudsman.parliament.nz/what-ombudsman-can-help/complaints-about-government-agencies/how-make-complaint.
Ngâ mihi
Christopher Johnston (he/him)
Manager | OIA Services
* PO Box 242, Wellington 6011
ACC cares about the environment – please don’t print this email unless it
is really necessary. Thank you.
------------------- Original Message
show quoted sections
Please use this email address for all replies to this request:
[FOI #25054 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[4]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.
-------------------------------------------------------------------
Disclaimer:
"This message and any attachments may contain confidential and privileged
information. If you believe you have received this email in error, please
advise us immediately by return email or telephone and then delete this
email together with all attachments. If you are not the intended
recipient, you are not authorised to use or copy this message or any
attachments or disclose the contents to any other person."
References
Visible links
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2. http://www.ombudsman.parliament.nz/what-...
3. https://aka.ms/LearnAboutSenderIdentific...
4. https://fyi.org.nz/help/officers
Theresa Green left an annotation ()
Doesn't the delegation of authority apply in this case if emails are sent to a company or organisation? if the emails are sent to a company, they then belong to that company. Surely the company can determine who sees them and who responds since they are the company's responsibility to answer, and they own them, even if they are sent to a specific person. Or do you mean that the emails are being intercepted before they get to the company by some hacking tool? That would be illegal.
Anon left an annotation ()
Hi Theresa Green.
Sorry for the late response. In short the answer is "no", the agency cannot allow an employee to intercept communications where they were not the intended recipient and for which that person obtained the communication (or copy there of) during transmission, without the expressed consent of the sender or the intended recipient. This is considered a crime under section 216B of the Crimes Act 1961. It would also be a breach of an agencies obligations under the privacy legislation.
While it is true that an agency may "own" the information, that does not mean that they can do whatever they want with it. Further, when you send an email to a specified person or specified department within an agency, the intended recipient is not the agency, but the named individual or department, as specified by the unique identifier in the email address. Just as if you get a letter in the mail addressed to you, that does not mean it was intended for your flatmate, partner, children, or other person residing at your home. Email is electronic mail. The same principles apply, as if you were to send something in the post.
If you write a letter addressed to John Doe, ACC, Wellington, the Intended recipient is "John Doe". Similarly, if you send an email to John.Doe@acc.co.nz, the intended recipient is "John Doe".
It is also noteworthy that government employees work within a "delegated authority" framework, which restricts what information they are allowed to access. Authorisation is on a "need to know" basis.
Example. You email your ACC claim manager (John Doe) a medical certificate for your claim, in order for continued benefits. You expect that John Doe will receive that email, acknowledge receipt, document receipt, and for that information to be archived after John Doe notified you of ACC's decisions about entitlements.
However, you would not expect a member of accounting, resolution specialists, security, HR, or PR, to receive the email intended for John Doe, or for them to have access to your health records.
If you found out that Sheilah (in Customer Resolutions) or Chris (in Security) had intercepted the email, prohibiting your email and medical certificate from reaching John Doe, then you would have identified a criminal act as well as a breach of your rights and ACC's obligations under the Code and privacy legislation.
If John Doe, decided on his own, to forward your health information to Sheilah or Chris, then it would not be a crime, but it would still be a breach of your rights under the Code and privacy legislation.
The relevant laws include:
- Crimes Act 1961, ss 216A-216B, 249
- NZ Bill of Rights (s 21)
- Privacy Act 2020 (s 22)
- Health Information Privacy Code (rules 1-13)
- Injury Prevention, Rehabilitation, and Compensation (Code of ACC Claimants’ Rights) Notice 2002 (right 7)
- Search and Surveillance Act 2012
- Telecommunications (Interception Capability and Security) Act 2013
Also applicable is the International Covenant on Civil and Political Rights, and intentional and national standards on how health information is protected (ISO, and HISO).
Theresa Green left an annotation ()
If John Doe were away or had left the organisation, I would want someone to pick up my medical certificate that I had emailed to him.
It is standard practice where I work for people's emails to be redirected to someone else who is covering for them while they are away or off sick. Likewise, when someone leaves, because their emails may be important, they are redirected to the manager of the person that left.
Personally, I think if you have nothing to hide, why would you object to them being looked at by someone who can help you or respond on behalf of the person you sent it to?
I agree it's different if it's someone who has no reason to be looking at it, and if someone was sending your email on to people who had no right to see it, that's an employment and privacy matter to be dealt with. The employer would need to either explain why that person needed to see it as part of their job, or be prepared to respond to the Privacy Commissioner.
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
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Scott left an annotation ()
Hey Anon,
Email redirection is used by ACC case managers to manage a client for a number of reasons.
To consider if ACC has been reasonable by implementing a redirection, then you need to read the “Ombudsman UCC Manual - Chapter 18. Modifying or Restricting Access to Services, A Management Responsibility” take particular note of “Alternative Services Arrangements”.
A link to this Manual : https://www.ombudsman.parliament.nz/site...
Link to this