Clarification around the retention and access to surveillance data obtained during investigations
S.I made this Official Information request to New Zealand Police
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From: S.I
Dear New Zealand Police,
I have a number of questions in relation to the gathering, retention & accessibility of raw surveillance data gathered through the interception of private communications,
covert cameras and audio devices, surveillance and other means in the course of an investigation.
1: When a surveillance device warrant is obtained, or covert cameras or other surveillance is undertaken by police at a location belonging to a third party or someone not a suspect or charged at the end of an investigation, is the third party entitled to any photos, videos, recordings of themselves that have been captured during the investigation, as per the Privacy Act 2020?
2a: Is there a report generated with the execution of a surveillance device warrant detailing the dates of entry, placement of device and any other relevant information?
2b: Is this report/information available to a third party where the warrant is executed on their own property?
3: At what point is the surveillance data assessed and what happens to the data deemed irrelevant or of no importance to the investigation?
4: How long is the raw surveillance data held by police after the expiry of a warrant or the termination of an investigation?
5: If there is information/images/video or audio recordings of a third party or someone not a suspect or charged at the end of an investigation, is that data held on the third party's NIA record or destroyed/deleted?
I look forward to your response. I am a New Zealand citizen who has resided in Auckland for my entire life so I am entitled to request this information.
Regards,
S.I
From: Ministerial Services
New Zealand Police
Kia ora
I acknowledge receipt of your Official Information Act 1982 request below, received by Police on 1 April 2025.
Your reference number is IR-01-25-12039.
You can expect a response to your request on or before 2 May 2025 unless an extension is needed.
Ngā mihi
McCoy
Ministerial Services
Police National Headquarters
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From: Ministerial Services
New Zealand Police
Tēnā koe
Please find attached the response to your Official Information Act
request, received by New Zealand Police on 01/04/2025.
Ngā mihi
Jonelle|Advisor: Ministerial Services |([1]she/her)
Policy & Partnerships |Police National Headquarters |
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