OIA Request: Security and Privacy Compliance for SMART Assessment Tool
Phillip Fry made this Official Information request to Ministry of Education
Response to this request is delayed. By law, Ministry of Education should normally have responded promptly and by (details and exceptions)
From: Phillip Fry
Dear Ministry of Education,
Under the Official Information Act 1982, I request the following technical and compliance documentation regarding the SMART tool (Janison Solution):
A copy of the Security Certification and Accreditation (C&A) report for the final solution.
The Privacy Impact Assessment (PIA), with particular reference to the data sovereignty risks and the "written authorisation" loophole in Clause 16.3(d) of the ICT Services Agreement.
All correspondence between the Ministry and the GCSB (National Cyber Security Centre) regarding the storage of student backups in Australia and the tool's compliance with NZISM standards for "IN-CONFIDENCE" data.
Please note that this request is highly time-sensitive. Given the planned rollout for early 2026, it is imperative that these safety standards are verified and transparent to the public before student data is processed.
Yours faithfully,
Phillip Fry
From: Enquiries National
Ministry of Education
Thank you for your email to the Ministry of Education.
This is an auto generated response confirming your email has been received.
Please do not respond to this message.
We will respond to your email as soon as possible.
Tēnā koe mō tō īmēra mai ki te Tāhuhu o te Mātauranga.
He urupare aunoa tēnei hei whakaatu kua tae mai tō īmēra
ki a mātou. Kaua noa e whakautu i tēnei karere.
Mea ake nei ka urupare tonu atu mātou ki tō īmēra.
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From: Enquiries National
Ministry of Education
[IN-CONFIDENCE - RELEASE EXTERNAL]
Kia ora Phillip,
Thank you for the information request below. The Ministry will consider
and respond to your request in accordance with the Official Information
Act 1982 (the Act).
Under section 15(1) of the Act, we are required to make and inform you of
our decision on your request as soon as reasonably practicable and in any
case not later than 20 working days after the day on which your request is
received. You can therefore expect to receive our decision on your
request on or before 11 February 2026. If more than 20 working days are
needed due to the potential workload and/or consultations involved in
answering your request, we will notify you accordingly.
Please note, the days between 25 December – 15 January (inclusive) are not
considered to be “working days” for the purposes of calculating the 20
working day timeframe for providing a response under the Act.
In the interim, if you have any questions about your request, please email
[1][email address].
Ngâ mihi,
Enquiries National Team | Te Tâhuhu o te Mâtauranga | Ministry of
Education | JH
[2]education.govt.nz
We shape an education system that delivers equitable and excellent
outcomes
He mea târai e mâtou te mâtauranga kia rangatira ai, kia mana taurite ai
ôna huanga
[3]Te TD huhu o te MD tauranga
-----Original Message-----
From: Phillip Fry <[4][FOI #33342 email]>
Sent: Saturday, 20 December 2025 6:55 pm
To: Enquiries National <[5][email address]>
Subject: Official Information request - OIA Request: Security and Privacy
Compliance for SMART Assessment Tool
[You don't often get email from
[6][FOI #33342 email]. Learn why this is
important at [7]https://aka.ms/LearnAboutSenderIdentific... ]
Dear Ministry of Education,
Under the Official Information Act 1982, I request the following technical
and compliance documentation regarding the SMART tool (Janison Solution):
A copy of the Security Certification and Accreditation (C&A) report for
the final solution.
The Privacy Impact Assessment (PIA), with particular reference to the data
sovereignty risks and the "written authorisation" loophole in Clause
16.3(d) of the ICT Services Agreement.
All correspondence between the Ministry and the GCSB (National Cyber
Security Centre) regarding the storage of student backups in Australia and
the tool's compliance with NZISM standards for "IN-CONFIDENCE" data.
Please note that this request is highly time-sensitive. Given the planned
rollout for early 2026, it is imperative that these safety standards are
verified and transparent to the public before student data is processed.
Yours faithfully,
Phillip Fry
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confidential and subject to legal privilege. If you are not the intended
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error please notify the author immediately and erase all copies of the
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References
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2. http://www.education.govt.nz/
3. https://www.education.govt.nz/
4. mailto:[FOI #33342 email]
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6. mailto:[FOI #33342 email]
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From: Phillip Fry
Dear Enquiries National,
To assist the Ministry and reduce scope, I wish to narrow my request.
Please treat the request as limited to the following, replacing my earlier wording:
• A copy of the most recent Security Certification and Accreditation (C&A) report or security assurance document relied upon by the Ministry for SMART.
• A copy of the Privacy Impact Assessment (PIA) for SMART, including any sections addressing data sovereignty risks and the use of written authorisation under clause 16.3(d) of the ICT Services Agreement.
• Copies of any formal advice, assurance, or assessment received from the GCSB / National Cyber Security Centre relating to offshore backup storage or NZISM compliance for SMART.
This narrowed request does not seek informal correspondence, is intended to reduce scope, collation, and consultation requirements, and does not constitute a new request.
Yours sincerely,
Phillip Fry
From: Enquiries National
Ministry of Education
Thank you for your email to the Ministry of Education.
This is an auto generated response confirming your email has been received.
Please do not respond to this message.
We will respond to your email as soon as possible.
Tēnā koe mō tō īmēra mai ki te Tāhuhu o te Mātauranga.
He urupare aunoa tēnei hei whakaatu kua tae mai tō īmēra
ki a mātou. Kaua noa e whakautu i tēnei karere.
Mea ake nei ka urupare tonu atu mātou ki tō īmēra.
--------------------------------------------------------------------------
DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
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From: Enquiries National
Ministry of Education
[IN-CONFIDENCE - RELEASE EXTERNAL]
Tēnā koe Phillip
Please find attached extension to your request under the Official
Information Act.
Nāku noa, nā,
Official and Parliamentary Information | Ministry of Education | CM
[1]education.govt.nz
He mea tārai e mātou te mātauranga kia rangatira ai, kia mana taurite ai
ōna huanga
We shape an education system that delivers equitable and excellent
outcomes
[2]Te Tāhuhu o te Mātauranga
--------------------------------------------------------------------------
DISCLAIMER:
This email and any attachments may contain information that is
confidential and subject to legal privilege. If you are not the intended
recipient, any use, dissemination, distribution or duplication of this
email and attachments is prohibited. If you have received this email in
error please notify the author immediately and erase all copies of the
email and attachments. The Ministry of Education accepts no
responsibility for changes made to this message or attachments after
transmission from the Ministry.
References
Visible links
1. http://www.education.govt.nz/
2. https://www.education.govt.nz/
hide quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence (note: this contains the same information already available above).
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