Dear Accident Compensation Corporation,

My earlier request was about ACC's rights. I now make a request for information about claimants' rights.

There are many Acts that confer rights on individuals, and obligations on ACC. The Accident Compensation Act, the Code of ACC Claimants’ Rights, the Privacy Act, the Health Information Privacy Code, the Official Information Act, the NZ Bill of Rights Act, the Human Rights Act, and the HDC’s Code Consumers' Rights are just a few.

The Accident Compensation Act provides a right to have ACC's decisions reviewed.

The purpose of the Code includes:
(a) conferring rights on claimants and imposing obligations on ACC in relation to how ACC should deal with claimants;
(b) providing for the procedure for lodging and dealing with complaints about breaches of this Code by ACC; and
(c) providing for the consequences of, and remedies for, a breach of this Code by ACC; and
(d) describing how and to what extent ACC must address situations where its conduct is not consistent with, or does not uphold, the rights of claimants under this Code; and
(e) explaining a claimant’s right to a review of a decision made under this Code about a claimant’s complaint.

The NZ Bill of Rights Act affirms the following rights to people, not agencies.
14 Freedom of expression
Everyone has the right to freedom of expression, including the freedom to seek, receive, and impart information and opinions of any kind in any form.

21 Unreasonable search and seizure
Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property, or correspondence
or otherwise.

27 Right to justice
(1) Every person has the right to the observance of the principles of natural justice by any tribunal or other public authority which has the power to make a determination in respect of that person’s rights, obligations, or interests protected or recognised by law.
(2) Every person whose rights, obligations, or interests protected or recognised by law have been affected by a determination of any tribunal or other public authority has the right to apply, in accordance with law, for judicial review of that determination.
(3) Every person has the right to bring civil proceedings against, and to defend civil proceedings brought by, the Crown, and to have those proceedings heard, according to law, in the same way as civil proceedings between individuals.

In reading ACC's polices, processes, rules, guidelines, procedures, I see no reference to how ACC ensures that:
(1) claimants are informed of ACC's decisions regarding care indicators; and
(2) claimants are provided an opportunity to correct any information in ACC’s care indicators (because if you don’t know they exist, you cannot ask for a correction); and
(3) claimants are given an opportunity to be heard and challenge the decisions by ACC to
(i) implement a care indicator,
(ii) implement a communication plan, or
(iii) implement a plan that involves the redirection of their personal communications to an unintended recipient, without their informed consent.

These policies, documents, rules, guidelines and other documents all appear to be inconsistent with the law, advice by the Ombudsman, the Privacy Commissioner, and the Courts.

Request 1: I request ACC's position regarding claimant's rights to review ACC's decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.

Please specify if it is ACC's position that the claimant's right to review the decision occurs before or after ACC implements:
(a) a care indicator,
(b) a communication plan, and/or
(c) a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.

Request 2. I request ACC's position regarding the claimants' right to the principles of natural justice (NZ BoRA, s 27), which is a right to be heard or challenge ACC's decision, prior to ACC’s implementation of ACC's decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.

Request 3. If ACC's position is that ACC has the obligation to uphold the claimant's right to principles of natural justice or right to review, I request the policy, process, guidelines, procedures, rules or other documents, or, if no document exists, a description of the steps taken by ACC to ensure that the claimant's rights to the principles of natural justice and review are upheld prior to the implementation of ACC's decision to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.

Request 4. If it is ACC's position is that ACC DOES NOT have an obligation to uphold the Claimant's right to principles of natural justice (NZBoRA, s 27) or a right to review ACC's decision, please direct me to the specific Act and section of the Act, that states ACC is excluded from obligations under NZBoRA or that such decisions are excluded from review.

The description of the care indicators, communications plans, and the redirection of personal communications, all appear to be consistent with breaches of ACC's obligations under the
(a) the Accident Compensation Act (sections 40, 41, 45 and 54),
(b) the Code of ACC's Claimants' Rights (in the entirety),
(c) the Privacy Act (IPP 3, IPP 4, IPP 5, IPP 6, IPP 7, IPP 8, IPP9, IPP10, and IPP 11),
(d) the OIA (s 12, 21-24; and
(e) NZBoRA (rights 14, 21 and 27).

Request 5: l request a list of all of the authorities (government agencies, including names of the specific advisors), statutes, advisory panels, reports, case law, etc, which informed ACC's procedures, policies, guidelines, and rules and other documents, for:
(a) implementing a care indicator,
(b) implementing a communication plan, and/or
(c) implementing a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.

Request 6: I request all documents, consultation notes, reports, third party advice, and any other document, which shows that ACC took all reasonable steps to make sure that ACC was not breaching ACC's obligations under the Act (sections 40, 41, 45 and 54), the Code (in the entirety), the Privacy Act (IPP 3, IPP 4, IPP 5, IPP 6, IPP 7, IPP 8, IPP9, IPP10, and IPP 11), the OIA (s 12, 21-24), NZBoRA (rights 14, 21 and 27), and any other Act, when ACC developed ACC's procedures, policies, guidelines, and rules to:
(a) implement a care indicator,
(b) implement a communication plan, and/or
(c) implement a plan that involves the redirection of their personal communications to an unintended third party, without the claimant's informed consent.

ACC’s response have lacked transparency. I have seen no documentation of:
(1) how ACC implements the redirection of personal communications to an unintended third party; and
(2) who within ACC has the delegated authority to implement a plan that involves the redirection of personal communications to an unintended third party; and
(3) steps taken to ensure that the decision was reviewed by a neutral third party (such as a reviewer, Court, Ombudsman, the Privacy Commissioner, or that all sides were properly heard before ACC implements such drastic measures.

Request 7. I respectfully request explicit details as to:
(a) how ACC implements the redirection of personal communications; and
(b) whether it is with the consent of the sender; and
(c) whether it is with the consent of the intended recipients; and
(d) whether the sender is informed of the redirection prior to implementation, and the actual effect of that redirection; and
(e) where the consent and communications to the affected party are documented by ACC; and
(f) whether the intended recipient receives the personal communication in their inbox, then forwards the communication to a third party, or
(g) whether the redirection occurs at the server, which means that the intended recipient does not receive the personal communication, but an unintended person does receive the communication; and
(h) which ACC documents detail the names of the individuals, roles, and departments, who have the authority to implement redirection of personal communications.
Request 8. I request a copy of the delegation framework, signed by the CEO, which specifies who has the delegated authority to implement the redirection of persona communications sent by parties outside ACC, without the sender’s informed consent, and the steps those persons must take before implementing such a plan – such as providing notice to the affected person and a right of review (adherence to the principles of natural justice).

I look forward to your response.

Yours faithfully,

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