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Datacom assistance withe email redirection in transit

Joe made this Official Information request to Department of Internal Affairs

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From: Joe

Dear Department of Internal Affairs,

I am a NZ citizen. This is an OIA request under section 2(5) for information from Datacom, who is contracted to many NZ and AUS government agencies to provide telecommunication and cloud services.

This request covers the years from 2000 to present.

This request is for the list of all government agencies/organisations, or government owned agencies/organisations, or government funded agencies/organisations, that Datacom has provided email services. For each named entity, please state the date ranges in which Datacom was the email service provider.

For each of those agencies, I request the following for each year from 2000 to present:
(1) the number of email addresses that have been subject to email redirection at the server (that is, during transit the email is redirected from the intended recipient to some other unintended recipient), with Datacom's assistance, as a result of request of the government entity; and
(2) the number of email addresses that have been subject to email copying during transit, with Datacom's assistance, as a result of a lawfully obtained warrant issued by a NZ or AUS court; and
(3) the number of email addresses that have been subject to email copying during transit, with Datacom's assistance, without a lawfully obtained warrant issued by a NZ or AUS court, but on behest of the police or DoIA.

Please note, that we know that the answer to each of these is not zero.
(1) ACC (GOV-028030) has stated they get Datacom's assistance for email redirection under the name of a "communication plan", which is similar to Health NZ (22 March 2021), and the Horowhenua District Council (9 March 2021) referred to email redirection as "quarantining" emails.
(2) Is consistent with authority under the Search and Surveillance Act 2012.
(3) There have been NZ court cases on the illegal interception of communications by police.

Yours faithfully,

Joe

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From: minadviceteam
Department of Internal Affairs

Tēnā koe,

I am writing to you in regards to your Official Information Act 1982 request made to the Department of Internal Affairs on 2 July 2024.

It is our preliminary view that the Department does not hold any information within scope of your request, and we are proposing to refuse your request under section 18(e) of the Act, as the information requested does not exist.

Section 18B of the Act specifies that a request is likely to be refused under section 18(e) or (f) of the Act, that the department must consider, before that request is refused, whether consulting with the person who made the request would assist that person to make the request in a form that would remove the reason for the refusal. Because of this, we want to give you the opportunity to respond to this preliminary view before we release our final decision.

Should you wish to amend your request, please advise by 5pm on 18 July 2024.

Ngā mihi,

Ministerial and Official Correspondence
Ministerial Monitoring and Capability
Toi Hiranga | Regulation & Policy
Te Tari Taiwhenua | The Department of Internal Affairs
45 Pipitea Street, Wellington | http://www.dia.govt.nz/

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