Printed from https://fyi.org.nz/request/28465-legal-basis-for-sharing-new-citizen-information on October 07, 2024 12:56

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Legal Basis for Sharing New Citizen Information

Mijail Linares made this Official Information request to Department of Internal Affairs

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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

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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

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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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