Disclosure to external legal counsel
Sue made this Official Information request to Accident Compensation Corporation
This request has an unknown status. We're waiting for Sue to read a recent response and update the status.
From: Sue
Dear Accident Compensation Corporation,
I am a NZ citizen. Please transfer this request for information to ACC's Privacy Officer for response.
I request a list of ACC's policies, procedures, guidelines, rules, processes and other documents for:
(A) contracting external legal counsel to represent ACC in disputes with claimants, and
(B) notification to claimant of ACC having contracted external legal counsel and the limits of the external legal counsel's representation, and
(C) ACC employees cc'ing external legal counsel into communications to the claimant about matters that are not under review or before the Court.
The Code says you will provide honest and accurate answers to claimant's questions. I am a claimant.
Please explain specify which of ACC's policies, processes, rules, guidelines or other documents, advise employees to cc external legal counsel in email correspondence with claimants, when that correspondence is not related to decision that was referred to review or a matter before the Court, and how that document is consistent with ACC's obligations under the Code (right 1, 2, 5, 6, 7) and the Privacy Act (IPP 3, IPP 5, IPP 11).
Thank you for your help.
S.L.
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
PO Box 242 / Wellington 6011 / New Zealand / [5]www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
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. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora
Please see the attached letter regarding your Official Information Act
request.
If you have any questions about this letter 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
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 -------------------
From: Sue <[FOI #27017 email]>;
Received: Mon May 27 2024 11:55:12 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - Disclosure to external legal
counsel
[You don't often get email from
[FOI #27017 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
I am a NZ citizen. Please transfer this request for information to ACC's
Privacy Officer for response.
I request a list of ACC's policies, procedures, guidelines, rules,
processes and other documents for:
(A) contracting external legal counsel to represent ACC in disputes with
claimants, and
(B) notification to claimant of ACC having contracted external legal
counsel and the limits of the external legal counsel's representation, and
(C) ACC employees cc'ing external legal counsel into communications to the
claimant about matters that are not under review or before the Court.
The Code says you will provide honest and accurate answers to claimant's
questions. I am a claimant.
Please explain specify which of ACC's policies, processes, rules,
guidelines or other documents, advise employees to cc external legal
counsel in email correspondence with claimants, when that correspondence
is not related to decision that was referred to review or a matter before
the Court, and how that document is consistent with ACC's obligations
under the Code (right 1, 2, 5, 6, 7) and the Privacy Act (IPP 3, IPP 5,
IPP 11).
Thank you for your help.
S.L.
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #27017 email]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]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:
[6]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
1. mailto:[email address]
2. https://www.acc.co.nz/contact/
3. https://get.adobe.com/nz/reader/
4. https://aka.ms/LearnAboutSenderIdentific...
5. https://fyi.org.nz/change_request/new?bo...
6. https://fyi.org.nz/help/officers
hide quoted sections
From: Sue
Dear Government Services,
You have requested
a. Your full name and confirmation of your identity, and
b. the reasons for the request
I am a NZ citizen, which is sufficient for me to make a request under the OIA.
The AC Act requires ACC to make decisions which are reasonable (s 54). The Code (right 7) states ACC will respect our privacy.
ACC is only permitted to request information that is necessary for its purpose (See the Privacy Act 2020, IPP 1).
Information privacy principle 1
Purpose of collection of personal information
(1) Personal information must not be collected by an agency unless—
(a) the information is collected for a lawful purpose connected with a function or an activity of the agency; and
(b) the collection of the information is necessary for that purpose.
(2) If the lawful purpose for which personal information about an individual is collected does not require the collection of an individual’s identifying information, the agency may not require the individual’s
identifying information.
ACC's purpose is outlined in section 3 of the AC Act.
3 Purpose
The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first accident compensation scheme by providing for a fair and sustainable scheme for managing personal injury that has, as its overriding goals, minimising both the overall incidence of injury in the community, and the impact of injury on the community (including economic,
social, and personal costs), through—
(a) establishing as a primary function of the Corporation the promotion of measures to reduce the incidence and severity of personal injury:
(b) providing for a framework for the collection, co-ordination, and analysis of injury-related information:
(ba) ensuring that the Corporation monitors access to the accident compensation scheme by Māori and identified population groups in order to deliver services under this Act in a manner that supports access to the scheme by injured Māori and injured persons in those population groups:
(c) ensuring that, where injuries occur, the Corporation’s primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to the maximum practicable extent a claimant’s health, independence, and participation:
(d) ensuring that, during their rehabilitation, claimants receive fair compensation for loss from injury, including fair determination of weekly compensation and, where appropriate, lump sums for permanent impairment:
(e) ensuring positive claimant interactions with the Corporation through the development and operation of a Code of ACC Claimants’ Rights:
(f) ensuring that persons who suffered personal injuries before the commencement of this Act continue to receive entitlements where appropriate.
There is no reason for you to request my full name or confirmation of my identity. It does not serve ACC's legislative purpose, nor is it necessary for ACC to comply with an OIA request.
If it were necessary for ACC to make a request for my personal information, ACC can only do so after meeting the requirements set out in IPP 3 of the Privacy Act 2020.
Information privacy principle 3
Collection of information from subject
(1) If an agency collects personal information from the individual concerned, the agency must take any steps that are, in the circumstances, reasonable to ensure that the individual concerned is aware of—
(a) the fact that the information is being collected; and
(b) the purpose for which the information is being collected; and
(c) the intended recipients of the information; and
(d) the name and address of—
(i) the agency that is collecting the information; and
(ii) the agency that will hold the information; and
(e) if the collection of the information is authorised or required by or under law,—
(i) the particular law by or under which the collection of the information is authorised or required; and
(ii) whether the supply of the information by that individual is voluntary or mandatory; and
(f) the consequences (if any) for that individual if all or any part of the requested information is not provided; and
(g) the rights of access to, and correction of, information provided by the IPPs.
(2) The steps referred to in subclause (1) must be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected.
ACC has not provided me with the information required under IPP 3 of the Privacy Act 2020, and thus is not permitted to request my personal identifying information. This is a breach of obligations under the Privacy Act (IPP 3) and the Code (right 7).
The Privacy Act 2020 (IPP 4) states:
Information privacy principle 4
Manner of collection of personal information
An agency may collect personal information only—
(a) by a lawful means; and
(b) by a means that, in the circumstances of the case (particularly in circumstances where personal information is being collected from children or young persons),—
(i) is fair; and
(ii) does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.
The Code (right 2) states: “(a) We will treat you fairly.”
I note that ACC has responded to many other OIA requests without requiring the information you have requested from me. This is not fair, and thus a breach of your obligations under the Code and the Privacy Act (IPP 4).
The only difference I can see between me and others that you have not requested personal identifiers from, is my sex. I see ACC does not require this information from men. ACC is prohibited under the Human Rights Act 1993 (s 21)from discrimination based on sex.
I have read enough of your publicly available policies and process to know that you will record these communications in EOS under my party file if I provide you with my full information. I have read enough to know that ACC has no controls in place to mitigate against unauthorised access to my personal information (required under IPP 5). Given ACC has nearly 4000 employees, with no access control, this means that I am at risk of more than 4000 people having access to my OIA requests and communications with ACC, which would occur without my knowledge or consent, without any authorisation or legitimate reason.
If I were to comply with ACC's unreasonable, unfair, and unlawful request, the result would be further breaches of my privacy (see IPP 5 and IPP 10).
As for my reason for making an OIA request. I do not have to provide you with a reason, because I am not a government employee nor do I represent a government agency. It is only government agencies, or agencies that hold personal information, that must provide reasons for decisions and requests. I refer to the OIA, the AC Act and the Privacy Act.
As a private, NZ citizen, I am entitled under the OIA - as in I have a legislative right - to request information from any NZ government agency(e.g., ACC) and ACC has a legislative obligation to provide that information.
An unfair, invasion of my privacy is not a legal reason to deny me the information.
Sue
From: Sue
Dear Government Services,
You have requested
a. Your full name and confirmation of your identity, and
b. the reasons for the request
I am a NZ citizen, which is sufficient for me to make a request under the OIA.
The AC Act requires ACC to make decisions which are reasonable (s 54). The Code (right 7) states ACC will respect our privacy.
ACC is only permitted to request information that is necessary for its purpose (See the Privacy Act 2020, IPP 1).
Information privacy principle 1
Purpose of collection of personal information
(1) Personal information must not be collected by an agency unless—
(a) the information is collected for a lawful purpose connected with a function or an activity of the agency; and
(b) the collection of the information is necessary for that purpose.
(2) If the lawful purpose for which personal information about an individual is collected does not require the collection of an individual’s identifying information, the agency may not require the individual’s
identifying information.
ACC's purpose is outlined in section 3 of the AC Act.
3 Purpose
The purpose of this Act is to enhance the public good and reinforce the social contract represented by the first accident compensation scheme by providing for a fair and sustainable scheme for managing personal injury that has, as its overriding goals, minimising both the overall incidence of injury in the community, and the impact of injury on the community (including economic,
social, and personal costs), through—
(a) establishing as a primary function of the Corporation the promotion of measures to reduce the incidence and severity of personal injury:
(b) providing for a framework for the collection, co-ordination, and analysis of injury-related information:
(ba) ensuring that the Corporation monitors access to the accident compensation scheme by Māori and identified population groups in order to deliver services under this Act in a manner that supports access to the scheme by injured Māori and injured persons in those population groups:
(c) ensuring that, where injuries occur, the Corporation’s primary focus should be on rehabilitation with the goal of achieving an appropriate quality of life through the provision of entitlements that restores to the maximum practicable extent a claimant’s health, independence, and participation:
(d) ensuring that, during their rehabilitation, claimants receive fair compensation for loss from injury, including fair determination of weekly compensation and, where appropriate, lump sums for permanent impairment:
(e) ensuring positive claimant interactions with the Corporation through the development and operation of a Code of ACC Claimants’ Rights:
(f) ensuring that persons who suffered personal injuries before the commencement of this Act continue to receive entitlements where appropriate.
There is no reason for you to request my full name or confirmation of my identity. It does not serve ACC's legislative purpose, nor is it necessary for ACC to comply with an OIA request.
If it were necessary for ACC to make a request for my personal information, ACC can only do so after meeting the requirements set out in IPP 3 of the Privacy Act 2020.
Information privacy principle 3
Collection of information from subject
(1) If an agency collects personal information from the individual concerned, the agency must take any steps that are, in the circumstances, reasonable to ensure that the individual concerned is aware of—
(a) the fact that the information is being collected; and
(b) the purpose for which the information is being collected; and
(c) the intended recipients of the information; and
(d) the name and address of—
(i) the agency that is collecting the information; and
(ii) the agency that will hold the information; and
(e) if the collection of the information is authorised or required by or under law,—
(i) the particular law by or under which the collection of the information is authorised or required; and
(ii) whether the supply of the information by that individual is voluntary or mandatory; and
(f) the consequences (if any) for that individual if all or any part of the requested information is not provided; and
(g) the rights of access to, and correction of, information provided by the IPPs.
(2) The steps referred to in subclause (1) must be taken before the information is collected or, if that is not practicable, as soon as practicable after the information is collected.
ACC has not provided me with the information required under IPP 3 of the Privacy Act 2020, and thus is not permitted to request my personal identifying information. This is a breach of obligations under the Privacy Act (IPP 3) and the Code (right 7).
The Privacy Act 2020 (IPP 4) states:
Information privacy principle 4
Manner of collection of personal information
An agency may collect personal information only—
(a) by a lawful means; and
(b) by a means that, in the circumstances of the case (particularly in circumstances where personal information is being collected from children or young persons),—
(i) is fair; and
(ii) does not intrude to an unreasonable extent upon the personal affairs of the individual concerned.
The Code (right 2) states: “(a) We will treat you fairly.”
I note that ACC has responded to many other OIA requests without requiring the information you have requested from me. This is not fair, and thus a breach of your obligations under the Code and the Privacy Act (IPP 4).
The only difference I can see between me and others that you have not requested personal identifiers from, is my sex. I see ACC does not require this information from men. ACC is prohibited under the Human Rights Act 1993 (s 21)from discrimination based on sex.
I have read enough of your publicly available policies and process to know that you will record these communications in EOS under my party file if I provide you with my full information. I have read enough to know that ACC has no controls in place to mitigate against unauthorised access to my personal information (required under IPP 5). Given ACC has nearly 4000 employees, with no access control, this means that I am at risk of more than 4000 people having access to my OIA requests and communications with ACC, which would occur without my knowledge or consent, without any authorisation or legitimate reason.
If I were to comply with ACC's unreasonable, unfair, and unlawful request, the result would be further breaches of my privacy (see IPP 5 and IPP 10).
As for my reason for making an OIA request. I do not have to provide you with a reason, because I am not a government employee nor do I represent a government agency. It is only government agencies, or agencies that hold personal information, that must provide reasons for decisions and requests. I refer to the OIA, the AC Act and the Privacy Act.
As a private, NZ citizen, I am entitled under the OIA - as in I have a legislative right - to request information from any NZ government agency(e.g., ACC) and ACC has a legislative obligation to provide that information.
An unfair, invasion of my privacy is not a legal reason to deny me the information.
Sue
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
PO Box 242 / Wellington 6011 / New Zealand / [5]www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
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. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
PO Box 242 / Wellington 6011 / New Zealand / [5]www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
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. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora
Please find attached an extension letter for your official information
request dated 27 May 2024.
If you have any questions about this letter 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
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 -------------------
From: Sue <[FOI #27017 email]>;
Received: Mon May 27 2024 11:55:12 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Official Information request - Disclosure to external legal
counsel
[You don't often get email from
[FOI #27017 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Accident Compensation Corporation,
I am a NZ citizen. Please transfer this request for information to ACC's
Privacy Officer for response.
I request a list of ACC's policies, procedures, guidelines, rules,
processes and other documents for:
(A) contracting external legal counsel to represent ACC in disputes with
claimants, and
(B) notification to claimant of ACC having contracted external legal
counsel and the limits of the external legal counsel's representation, and
(C) ACC employees cc'ing external legal counsel into communications to the
claimant about matters that are not under review or before the Court.
The Code says you will provide honest and accurate answers to claimant's
questions. I am a claimant.
Please explain specify which of ACC's policies, processes, rules,
guidelines or other documents, advise employees to cc external legal
counsel in email correspondence with claimants, when that correspondence
is not related to decision that was referred to review or a matter before
the Court, and how that document is consistent with ACC's obligations
under the Code (right 1, 2, 5, 6, 7) and the Privacy Act (IPP 3, IPP 5,
IPP 11).
Thank you for your help.
S.L.
-------------------------------------------------------------------
This is an Official Information request made via the FYI website.
Please use this email address for all replies to this request:
[FOI #27017 email]
Is [ACC request email] the wrong address for Official Information
requests to Accident Compensation Corporation? If so, please contact us
using this form:
[5]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:
[6]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
1. mailto:[email address]
2. https://www.acc.co.nz/contact/
3. https://get.adobe.com/nz/reader/
4. https://aka.ms/LearnAboutSenderIdentific...
5. https://fyi.org.nz/change_request/new?bo...
6. https://fyi.org.nz/help/officers
hide quoted sections
From: Government Services
Accident Compensation Corporation
Kia ora Sue
Please find attached a letter in response to your below email. 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.
------------------- Original Message -------------------
From: Sue <[FOI #27017 email]>;
Received: Mon Jun 24 2024 09:02:57 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Re: OIA Request Ref GOV-032639 CRM:0284243
[You don't often get email from
[FOI #27017 email]. Learn why this is
important at [4]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Government Services,
You have requested
a. Your full name and confirmation of your identity, and
b. the reasons for the request
I am a NZ citizen, which is sufficient for me to make a request under the
OIA.
The AC Act requires ACC to make decisions which are reasonable (s 54). The
Code (right 7) states ACC will respect our privacy.
ACC is only permitted to request information that is necessary for its
purpose (See the Privacy Act 2020, IPP 1).
Information privacy principle 1
Purpose of collection of personal information
(1) Personal information must not be collected by an agency unless—
(a) the information is collected for a lawful purpose connected with a
function or an activity of the agency; and
(b) the collection of the information is necessary for that purpose.
(2) If the lawful purpose for which personal information about an
individual is collected does not require the collection of an individual’s
identifying information, the agency may not require the individual’s
identifying information.
ACC's purpose is outlined in section 3 of the AC Act.
3 Purpose
The purpose of this Act is to enhance the public good and reinforce the
social contract represented by the first accident compensation scheme by
providing for a fair and sustainable scheme for managing personal injury
that has, as its overriding goals, minimising both the overall incidence
of injury in the community, and the impact of injury on the community
(including economic,
social, and personal costs), through—
(a) establishing as a primary function of the Corporation the promotion of
measures to reduce the incidence and severity of personal injury:
(b) providing for a framework for the collection, co-ordination, and
analysis of injury-related information:
(ba) ensuring that the Corporation monitors access to the accident
compensation scheme by Māori and identified population groups in order to
deliver services under this Act in a manner that supports access to the
scheme by injured Māori and injured persons in those population groups:
(c) ensuring that, where injuries occur, the Corporation’s primary focus
should be on rehabilitation with the goal of achieving an appropriate
quality of life through the provision of entitlements that restores to the
maximum practicable extent a claimant’s health, independence, and
participation:
(d) ensuring that, during their rehabilitation, claimants receive fair
compensation for loss from injury, including fair determination of weekly
compensation and, where appropriate, lump sums for permanent impairment:
(e) ensuring positive claimant interactions with the Corporation through
the development and operation of a Code of ACC Claimants’ Rights:
(f) ensuring that persons who suffered personal injuries before the
commencement of this Act continue to receive entitlements where
appropriate.
There is no reason for you to request my full name or confirmation of my
identity. It does not serve ACC's legislative purpose, nor is it necessary
for ACC to comply with an OIA request.
If it were necessary for ACC to make a request for my personal
information, ACC can only do so after meeting the requirements set out in
IPP 3 of the Privacy Act 2020.
Information privacy principle 3
Collection of information from subject
(1) If an agency collects personal information from the individual
concerned, the agency must take any steps that are, in the circumstances,
reasonable to ensure that the individual concerned is aware of—
(a) the fact that the information is being collected; and
(b) the purpose for which the information is being collected; and
(c) the intended recipients of the information; and
(d) the name and address of—
(i) the agency that is collecting the information; and
(ii) the agency that will hold the information; and
(e) if the collection of the information is authorised or required by or
under law,—
(i) the particular law by or under which the collection of the information
is authorised or required; and
(ii) whether the supply of the information by that individual is voluntary
or mandatory; and
(f) the consequences (if any) for that individual if all or any part of
the requested information is not provided; and
(g) the rights of access to, and correction of, information provided by
the IPPs.
(2) The steps referred to in subclause (1) must be taken before the
information is collected or, if that is not practicable, as soon as
practicable after the information is collected.
ACC has not provided me with the information required under IPP 3 of the
Privacy Act 2020, and thus is not permitted to request my personal
identifying information. This is a breach of obligations under the Privacy
Act (IPP 3) and the Code (right 7).
The Privacy Act 2020 (IPP 4) states:
Information privacy principle 4
Manner of collection of personal information
An agency may collect personal information only—
(a) by a lawful means; and
(b) by a means that, in the circumstances of the case (particularly in
circumstances where personal information is being collected from children
or young persons),—
(i) is fair; and
(ii) does not intrude to an unreasonable extent upon the personal affairs
of the individual concerned.
The Code (right 2) states: “(a) We will treat you fairly.”
I note that ACC has responded to many other OIA requests without requiring
the information you have requested from me. This is not fair, and thus a
breach of your obligations under the Code and the Privacy Act (IPP 4).
The only difference I can see between me and others that you have not
requested personal identifiers from, is my sex. I see ACC does not require
this information from men. ACC is prohibited under the Human Rights Act
1993 (s 21)from discrimination based on sex.
I have read enough of your publicly available policies and process to know
that you will record these communications in EOS under my party file if I
provide you with my full information. I have read enough to know that ACC
has no controls in place to mitigate against unauthorised access to my
personal information (required under IPP 5). Given ACC has nearly 4000
employees, with no access control, this means that I am at risk of more
than 4000 people having access to my OIA requests and communications with
ACC, which would occur without my knowledge or consent, without any
authorisation or legitimate reason.
If I were to comply with ACC's unreasonable, unfair, and unlawful request,
the result would be further breaches of my privacy (see IPP 5 and IPP 10).
As for my reason for making an OIA request. I do not have to provide you
with a reason, because I am not a government employee nor do I represent a
government agency. It is only government agencies, or agencies that hold
personal information, that must provide reasons for decisions and
requests. I refer to the OIA, the AC Act and the Privacy Act.
As a private, NZ citizen, I am entitled under the OIA - as in I have a
legislative right - to request information from any NZ government
agency(e.g., ACC) and ACC has a legislative obligation to provide that
information.
An unfair, invasion of my privacy is not a legal reason to deny me the
information.
Sue
-----Original Message-----
Kia ora
Please see the attached letter regarding your Official Information Act
request.
If you have any questions about this letter you can contact us at this
[1]address, for all other matters please use our contact form
at:
[2]https://aus01.safelinks.protection.outlo...
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
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.
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #27017 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]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. https://www.acc.co.nz/contact/
3. https://get.adobe.com/nz/reader/
4. https://aka.ms/LearnAboutSenderIdentific...
5. https://fyi.org.nz/help/officers
hide quoted sections
From: Sue
Dear Government Services,
You have not requested the minimal necessary information to process an OIA request which requires zero personal information. What does my name, address or any other personal information have to do with your willingness to provide information regarding disclosure of claimant information to external legal counsel?
Ask yourself who, outside of NZ, would know about or give two tosses about ACC and ACC's policies or procedures? The only people who make requests for information from ACC are claimants, family and friends of claimants who have been adversely affected by ACC decisions, claimant's legal representatives and NZ reporters.
I again note that your treatment of me is inconsistent with your treatment to others, and the only difference I can see is my gender.
Please process my request.
Yours sincerely,
Sue
From: Government Services
Accident Compensation Corporation
Kia ora,
Thank you for contacting ACC’s Government Services inbox.
If your request falls within scope of the Official Information Act, we
will endeavour to respond as soon as possible, and no later than 20
working days after receipt of your request. If we are unable to respond
within the statutory timeframe, we will notify you of an extension.
The information you have requested may involve documents which contain the
names and contact details of individuals. Please let us know whether you
are seeking that information as part of your request. We may need to
consult 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 it.
For more information about Official Information Act requests, please
visit: [1]Ombudsman New Zealand | Tari o te Kaitiaki Mana Tangata.
If your request relates to your claim, or you’d like more information
about lodging a claim, please contact ACC’s claims team at 0800 101 996
or [2][email address].
For personal information requests or privacy matters,
please visit [3]Request for personal information (acc.co.nz).
For general queries, please visit: [4]Contact us (acc.co.nz).
Ngâ mihi,
Government Services
PO Box 242 / Wellington 6011 / New Zealand / [5]www.acc.co.nz
ACC cares about the environment – please don’t print this email
unless it is really necessary. Thank you.
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. https://www.ombudsman.parliament.nz/
2. mailto:[email address]
3. https://www.acc.co.nz/contact/request-fo...
4. https://www.acc.co.nz/contact/
5. http://www.acc.co.nz/
http://www.acc.co.nz/
From: Government Services
Accident Compensation Corporation
Kia ora Sue
Please find attached our response to your official information request
dated 27 May 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.
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 -------------------
From: Sue <[FOI #27017 email]>;
Received: Mon Jul 15 2024 07:51:49 GMT+1200 (New Zealand Standard Time)
To: ACC <[ACC request email]>; Government Services
<[ACC request email]>; <[ACC request email]>;
Subject: Re: OIA Request Ref GOV-032639 CRM:0284266
Dear Government Services,
You have not requested the minimal necessary information to process an OIA
request which requires zero personal information. What does my name,
address or any other personal information have to do with your willingness
to provide information regarding disclosure of claimant information to
external legal counsel?
Ask yourself who, outside of NZ, would know about or give two tosses about
ACC and ACC's policies or procedures? The only people who make requests
for information from ACC are claimants, family and friends of claimants
who have been adversely affected by ACC decisions, claimant's legal
representatives and NZ reporters.
I again note that your treatment of me is inconsistent with your treatment
to others, and the only difference I can see is my gender.
Please process my request.
Yours sincerely,
Sue
-----Original Message-----
Kia ora Sue
Please find attached a letter in response to your below email. 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://aus01.safelinks.protection.outlo...
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
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
Please use this email address for all replies to this request:
[FOI #27017 email]
Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[5]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
1. [4]mailto:[email address]
2.
[5]https://aus01.safelinks.protection.outlo...
3.
[6]https://aus01.safelinks.protection.outlo...
4. [7]https://aka.ms/LearnAboutSenderIdentific...
5.
[8]https://aus01.safelinks.protection.outlo...
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #27017 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.
-------------------------------------------------------------------
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. mailto:[email address]
2. https://www.acc.co.nz/contact/
3. https://get.adobe.com/nz/reader/
4. mailto:[email
5. https://www.acc.co.nz/contact/
6. https://get.adobe.com/nz/reader/
7. https://aka.ms/LearnAboutSenderIdentific...
8. https://fyi.org.nz/help/officers
9. https://fyi.org.nz/help/officers
hide quoted sections
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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