Legal Basis for Sharing New Citizen Information
Mijail Linares made this Official Information request to Department of Internal Affairs
This request has an unknown status. We're waiting for Mijail Linares to read recent responses and update the status.
From: Mijail Linares
Dear Department of Internal Affairs,
Under the Official Information Act 1982, I respectfully request information relating to the sharing of new citizens' personal contact details, such as names and email addresses, with Members of Parliament or third parties. Specifically, I request the following:
1. Legal Authority for Sharing Information:
Is there any Approved Information Sharing Agreement (AISA), policy, or other statutory basis that allows the Department of Internal Affairs to share the personal contact details (e.g., email addresses) of new citizens with Members of Parliament or any other external entities?
2. Information Sharing Process:
What is the specific process through which Members of Parliament are notified of new citizens? For example, are names, contact details, or other personal information shared with MPs? If so, under what legal framework is this done, and how does the Department ensure that this process complies with the Privacy Act 2020?
3. Information Disclosure to Julie Anne Genter’s Office:
Has the Department of Internal Affairs shared my personal contact information with the office of Julie Anne Genter, or any other Member of Parliament? If yes, please provide the legal authorization under which this occurred.
4. Consent Mechanisms:
What mechanisms for consent are in place regarding the sharing of personal information such as email addresses with third parties, including Members of Parliament? Is explicit consent from new citizens required before this information is shared for non-governmental purposes like political outreach?
5. Privacy Protections:
What privacy protections are implemented when sharing new citizens' personal information with third parties? How does the Department ensure compliance with the Privacy Act 2020, specifically the provisions outlined in Information Privacy Principle (IPP) 11 regarding limits on disclosure of personal information?
I kindly request that you provide this information in full or advise me if any part of this request is likely to be refused, so I may refine it further if necessary. Thank you for your assistance, and I look forward to your response.
Yours faithfully,
Mijail Linares
From: Mijail Linares
Dear Department of Internal Affairs,
I would like to provide an additional clarification to my recent OIA request. In the event that an Approved Information Sharing Agreement (AISA) exists that covers the sharing of new citizens’ contact information with Members of Parliament, I have some specific questions related to the scope of that AISA:
1. Does the AISA explicitly cover political outreach activities, such as soliciting feedback, inviting new citizens to share their views and attend events hosted by MPs? For reference, in the email I received from Julie Anne Genter’s office, I was not only welcomed as a new citizen but also invited to share my concerns and attend events throughout the year. I would like to know if the sharing of personal contact details for such purposes falls within the scope of the AISA.
2. If the AISA’s scope does not cover political engagement or outreach of this nature, can you provide clarity on how the sharing of my contact information for these purposes was legally justified?
I would appreciate any clarification you can provide in this context, and thank you again for your time.
Yours faithfully,
Mijail Linares
From: SDO Official Correspondence
Department of Internal Affairs
Tçnâ koe Mijail
Thank you for your OIA request to the Department of Internal Affairs on 20 September 2024.
The Department will provide its response to your request as soon as practicable and within twenty working days. The 20th working day is 18 October 2024.
Please note that in cases where the Department’s response provides information that is identified to be of general public interest, the response may also be published on the Department of Internal Affairs website. If the Department publishes its response to your OIA request, all personal information, including your name and contact details, will be removed.
As you've added additional questions on 20 September 2024, your final request is now as per below:
1. Legal Authority for Sharing Information:
Is there any Approved Information Sharing Agreement (AISA), policy, or other statutory basis that allows the Department of Internal Affairs to share the personal contact details (e.g., email addresses) of new citizens with Members of Parliament or any other external entities?
2. Information Sharing Process:
What is the specific process through which Members of Parliament are notified of new citizens? For example, are names, contact details, or other personal information shared with MPs? If so, under what legal framework is this done, and how does the Department ensure that this process complies with the Privacy Act 2020?
3. Information Disclosure to Julie Anne Genter’s Office:
Has the Department of Internal Affairs shared my personal contact information with the office of Julie Anne Genter, or any other Member of Parliament? If yes, please provide the legal authorization under which this occurred.
4. Consent Mechanisms:
What mechanisms for consent are in place regarding the sharing of personal information such as email addresses with third parties, including Members of Parliament? Is explicit consent from new citizens required before this information is shared for non-governmental purposes like political outreach?
5. Privacy Protections:
What privacy protections are implemented when sharing new citizens' personal information with third parties? How does the Department ensure compliance with the Privacy Act 2020, specifically the provisions outlined in Information Privacy Principle (IPP) 11 regarding limits on disclosure of personal information?
6. Does the AISA explicitly cover political outreach activities, such as soliciting feedback, inviting new citizens to share their views and attend events hosted by MPs? For reference, in the email I received from Julie Anne Genter’s office, I was not only welcomed as a new citizen but also invited to share my concerns and attend events throughout the year. I would like to know if the sharing of personal contact details for such purposes falls within the scope of the AISA.
7. If the AISA’s scope does not cover political engagement or outreach of this nature, can you provide clarity on how the sharing of my contact information for these purposes was legally justified?
Ngâ mihi
Linda
Linda Anderson (she/her) |Advisor Official Correspondence
Te Pâhekoheko, Kâwai ki te iwi | Operations, Service Delivery and Operations
Te Tari Taiwhenua The Department of Internal Affairs
http://www.dia.govt.nz/
*If you’re wondering about the use of pronouns she/her on this signature you can find more information about how sharing pronouns can help to create a sense of belonging and respect here.
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From: SDO Official Correspondence
Department of Internal Affairs
Kia ora,
Please find the attached response to your request.
Ngâ mihi
Linda
Linda Anderson ([1]she/her) |Advisor Official Correspondence
Te Pâhekoheko, Kâwai ki te iwi | Operations, Service Delivery and
Operations
Te Tari Taiwhenua The Department of Internal Affairs
[2]www.dia.govt.nz
[3]Logo: Te Tari Taiwhenua – Internal Affairs
*If you’re wondering about the use of pronouns she/her on this signature
you can find more information about how sharing pronouns can help to
create a sense of belonging and respect [4]here.
References
Visible links
1. https://ssc.govt.nz/our-work/diversity-a...
2. http://www.dia.govt.nz/
4. https://www.publicservice.govt.nz/our-wo...
From: Mijail Linares
Dear SDO Official Correspondence,
Thank you for your detailed and informative response to my recent Official Information Act request. I appreciate the effort you’ve put into explaining the current processes and identifying areas for improvement. Your transparency is much appreciated, and I’d like to acknowledge your hard work in addressing this matter.
I would like to follow up with just a few more questions, specifically focusing on the Rongotai and Chatham Islands electorate over the last two years.
1. Frequency of Data Sharing:
Could you provide data on how often new citizenship information (names, addresses, emails, etc.) has been shared in the Rongotai and Chatham Islands electorate over the last two years? Specifically, I request:
- The number of times the data has been shared with Members of Parliament (broken down by MP), and
- The number of times the data has been shared with local authorities.
2. Monitoring and Enforcement:
What specific measures are in place to monitor whether MPs and local authorities are using this information strictly for welcoming new citizens, as per the Department’s guidelines? If there is no monitoring system, how does the Department ensure MPs and local authorities are not misusing this data for purposes beyond welcoming new citizens?
3. Detection of Misuse:
If there is no active monitoring, how does the Department identify potential misuse of this information by MPs or local authorities? For example, are there any mechanisms in place for auditing or reviewing how this data is handled after it is shared?
4. Actions Taken for Misuse:
If the Department becomes aware of misuse of the data by MPs or local authorities, what specific actions are taken in response? How does the Department address such violations of the intended use of this data?
If any part of this request is likely to exceed reasonable limits of work, or if some data is unavailable for any reason, please let me know so I can refine the request further.
I also want to confirm that this additional information will suffice for my needs, and I do not intend to submit further requests on this topic once this follow-up is complete.
Thank you again for your time and effort. I look forward to your response and appreciate the transparency your department has provided thus far.
Yours sincerely,
Mijail Linares
From: SDO Official Correspondence
Department of Internal Affairs
Tēnā koe Mijail
Thank you for your OIA request to the Department of Internal Affairs.
The Department will provide its response to your request as soon as practicable and within twenty working days. The 20th working day is 18 November 2024.
Please note that in cases where the Department’s response provides information that is identified to be of general public interest, the response may also be published on the Department of Internal Affairs website. If the Department publishes its response to your OIA request, all personal information, including your name and contact details, will be removed.
Ngā mihi
Linda Anderson| Advisor Official Correspondence
Te Pāhekoheko, Kāwai ki te iwi | Operations, Service Delivery and Operations
Te Tari Taiwhenua The Department of Internal Affairs
http://www.dia.govt.nz/
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