Email redirection and communication plans
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From: Joe
Dear Office of the Ombudsman,
I am seeking clarification regarding the position of the Ombudsman, and their advice to NZ government agencies, regarding "communication plans" which include "email redirection".
In ACC's response GOV-005668 (04/08/2020), Sasha Wood, Manager Official Information Act Services, stated:
"Redirection of emails, outside of a communication plan, may occur..."
In ACC's response GOV-026875 (11/08/2023), Sara Freitag, Acting Manager Official Information Act Services, wrote:
"ACC’s Communication Plan Policy was approved in December 2022. This policy is a formal document outlining the process undertaken if client’s behaviour or communication is unreasonable; this process includes email redirection."
ACC's Communication Plan Policy v2.0 states:
"The restrictions that can be placed on a client are the same as those outlined by the Ombudsman in Managing unreasonable complainant conduct practice manual."
In ACC's response GOV-029414 (15/12/2023), Sara Freitag, Manager Official Information Act Services, wrote:
"We currently have a total of 71 mail flow rules for email redirection purposes."
In ACC's response GOV-029712 (29/01/2024) Jason Hope, Acting Manager Official Information Act Service, wrote:
"ACC has 75 client email addresses subject to email redirection. These email addresses are either linked to at least one client in EOS or are not linked to a client in EOS but we have otherwise determined are emails used by clients. Some of these may also be linked to non-client records. We have identified a further nine email addresses subject to email redirection, which were previously linked to a client in EOS."
I can find no mention of "email redirection" in your manual, only email blocking or forwarding. The comment on p 100 could be loosely interpreted as "email forwarding", but then Chapter 20 starts with "What if access cannot be restricted or we have contributed to the problem?"
I request documents, reports, advice, or any other information, that describe the Ombudsman's: understanding of:
(a) the meaning of "email redirection",
(b) when "email redirection" is to be implemented as part of a communication plan, and
(c) how "email redirection" is to be implemented,
Please specify whether the "email redirection" should:
(a) occur during transit, that is the email is redirected to an unintended person at an email server and before reaching the intended recipient, or
(b) occur after the intended recipient received the email, which requires either the intended recipient to open and forward the email manually, or the intended recipient sets up a rule so that the email is forwarded to a person that they designated.
To clarify, in scenario (a) all of the sender's emails are redirected to an unintended recipient, including all emails sent to the general complaint team inbox. That is, not one communication is ever received by the intended recipient. However, in scenario (b), the intended recipient receives the communication, but then the intended recipient chooses whom to forward the message to (like their manager).
I request the list of documents which informed the Ombudsman's' advice and the discussion papers as to how restriction of complainants' communications is consistent with obligations imposed under the OIA, Privacy Act, NZBoRA, and any other legislation that confers rights of freedom of expression (seeking, obtaining, and disseminating information).
Please specify whether the extreme steps of restricting communications is applicable when the complainant has legitimate complaints, which are not being addressed in accordance with the law, and when the complainant has not been violent or abusive, but has only been persistent expressed frustration or has been simply annoying.
Thank you.
Joe
From: Info
Office of the Ombudsman
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Yours sincerely
Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata
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From: Info
Office of the Ombudsman
Tçnâ koe Joe
I understand you are:
- seeking information from the Ombudsman about the restriction of
communication; and
- seeking an opinion from the Ombudsman about a specific situation.
Information about the restriction of communication
Please note that the Chief Ombudsman is not subject to the Official
Information Act 1982 (OIA), and is generally precluded from releasing
information due to the statutory obligations of secrecy and
confidentiality set out in the Ombudsmen Act 1975. In saying this, we do
our best to respond to information requests where possible (subject to
these secrecy and confidentiality requirements).
As you are aware, the Ombudsman’s unreasonable complainant conduct manual
sets out the Ombudsman’s general expectations and guidance for public
sector agencies when considering whether to modify or restrict an
individual’s communication or access with it. This may include considering
alternative service arrangements regarding email correspondence (please
see page 99). The manual was based on original work by the NSW Ombudsman’s
office, and was refined through extensive consultation with a range of
Ombudsman offices and complaint handlers, as well as with specialists and
professionals from a range of disciplines. The manual also drew on
academic research. You can read more about how the manual was developed,
including lists of the publicly available resources that informed the
guidance on page 3 (of the introduction) as well as on pages 14, 129, and
130 (in the body of the manual).
The Ombudsman has not produced or published specific guidance on ‘email
redirection’. However, the Ombudsman’s position on whether an agency has
acted reasonably in redirecting, modifying or restricting a complainant’s
email access will depend on the particular circumstances of the case
(including any applicable legislative obligations). As mentioned below,
the Ombudsman would not generally provide commentary on these matters
outside of a formal complaint investigation.
While the Ombudsman is limited by the secrecy and confidentiality
requirements mentioned above, you might find the Ombudsman’s published
opinion on a complaint involving email quarantining to be of interest. A
link to this publication (published under the Ombudsmen Rules 1989) is
here:
[1]https://www.ombudsman.parliament.nz/site...
Opinion about a specific situation
I understand you would like an opinion from the Chief Ombudsman about
whether an agency’s actions are reasonable. The Ombudsman is able to
determine whether an agency’s actions are reasonable, but only after a
detailed investigation process. If you wish, you can start this process by
completing the complaint form [2]on our website. Please include:
· A description of what has happened, including the specific act
or decision of ACC that you are complaining about;
· A copy of your complaint to ACC, and its response; and
· An explanation about why you are not satisfied, and what might
resolve your complaint.
Naku, noa nâ
John
John Lindeman
Principal Advisor
Office of the Ombudsman | Tari o te Kaitiaki Mana Tangata
Email [Office of the Ombudsman request email] | www.ombudsman.parliament.nz
PO Box 10152, Level 7, SolNet House, 70 The Terrace, Wellington
IMPORTANT: The information contained in this email may be confidential or
legally privileged. It is intended solely for the recipient or recipients
named in this message. Please note that if you are not the intended
recipient you are not authorised to use, copy or distribute the email or
any information contained in it. If you have received this email in error,
please advise the sender immediately and destroy the original message and
any attachments.
References
Visible links
1. https://www.ombudsman.parliament.nz/site...
2. https://www.ombudsman.parliament.nz/get-...
From: Joe
Dear Info,
Would you please provide your response in pdf form, on official letterhead.
Yours sincerely,
Joe
From: Info
Office of the Ombudsman
Tēnā koe Joe
As requested, my reply of 3 July is now attached as a PDF on letterhead.
Naku, noa nā
John
IMPORTANT: The information contained in this email may be confidential or
legally privileged. It is intended solely for the recipient or recipients
named in this message. Please note that if you are not the intended
recipient you are not authorised to use, copy or distribute the email or
any information contained in it. If you have received this email in error,
please advise the sender immediately and destroy the original message and
any attachments.
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