Xx March 2025
Jackson Wood
[FYI request #30089 email]
Ref: OIA 291-2024-25
Dear Jackson
Official Information Act request: Use of OtterAI
Thank you for your Official Information Act 1982 (the Act) request, received on 14 February 2025.
You requested:
In your Credit Card Statements and Reconciliations (1 July - 30 September 2024) you had multiple
charges to Otter AI.
1. Can you please provide me with all audio recordings and transcripts the two Otter AI business
accounts associated with these payments have made.
Given that these services have been paid for using a ministerial credit card and are presumably
being used in your capacity as Prime Minister, these recordings and transcripts should be
considered public records and therefore released under the Official Information Act 1982 (OIA).
2. I would also like the request any and all privacy and security assessments regarding your use
of Otter AI as well as any advice you or your office recieved about the use of Otter AI in
regards to the Public Records Act 2005 and the OIA.
3. Also can you please provide any communications, agreements, or contracts with Otter AI you
or your staff may have had before you started to use its service.
Given Otter AI may not store the transcripts, recordings, and other data on servers in New
Zealand, does not mention New Zealand law in its Terms of Service, and in theory could be
accessed by the foreign governments where the data is stored, or intercepted by other actors,
these documents will be of public interest so New Zealanders can have faith that the
conversations the Prime Minister is recording are being treated securely and not breaching any
privacy or public records rules.
By way of background, Ministerial Services (a business group within the Department of Internal
Affairs) administer the payment of Ministerial expenses and entitlements for Ministers and staff in
accordance with the relevant legislation. Core ICT network, software and support services to
Ministerial offices and staff are provided by the Parliamentary Service (on behalf of Ministerial
Services). This includes the security assessments and approval of software.
In terms of your first question, it is important to clarify that Otter.AI is only used by this office to
produce transcripts of media standups involving the Rt Hon Christopher Luxon. It is not used every
time the Prime Minister speaks publicly. Examples of occasions where Otter.AI may be used are
media announcements and media questions on the way to and from caucus or the House. There
are hundreds, if not more, of these occasions. These events are covered by the media and are often
livestreamed and or run by media outlets, so they are often available to the public. I am also advised
that the Otter.AI files are large and would need to be downloaded individually. Therefore, this part of
your request is declined under section 18(f) of the Act on the basis that it would require substantial
collation and research and/or section 18(d) of the Act, that the information is publicly available.
In response to your question about security assessments, I reiterate that Otter.AI is only used to
transcribe media standups so there are minimal security or privacy implications because they are in
the public domain. Otter.AI was recommended, and is used, because it is an efficient transcribing
tool. It was whitelisted by the Parliamentary Service who are responsible for security assessment
and approval of software. I have attached a copy of the Parliamentary Service ‘Software Evaluation
Process.’ You will note the form states
“before any new software is whitelisted, the IST Delivery and
Cyber Security teams need to run thorough checks to ensure the new software will not pose any
threats to the Parliamentary network by enabling malicious activity or introducing vulnerabilities.” Ministerial Services subsequently approved payment of the subscriptions using the relevant
Ministerial credit card. I have also attached a series of emails regarding this approval process. The
names of staff have been withheld under section 9(2)(a) of the Act to protect the privacy of
individuals. Some information that is unrelated to Otter.AI has been redacted because it is ‘out of
scope’ of your request.
In addition, the Department of Internal Affairs has recently released guidelines for the Public Service
regarding the use of AI. The guidance provides specific advice around security and can be accessed
her
e:www.digital.govt.nz/standards-and-guidance/technology-and-architecture/artificial-
intelligence/responsible-ai-guidance-for-the-public-service-genai In response to your question about communications with Otter.AI, as far as I am aware there have
been no direct communications with Otter.AI. As outlined above the software was approved for
Ministerial staff to use. Those staff who wanted the software subscribed online. Subscription and
ongoing payments are made via the respective Ministerial credit cards.
As is required by section 9(1) of the Act, I have considered whether the grounds for withholding
information under section 9(2) are outweighed by other public interest considerations. In this
instance, I do not consider that to be the case.
You have the right to ask the Ombudsman to investigate and review my decision and response
under section 28(3) of the Act.
Yours sincerely
Cameron Burrows
Chief of Staff
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