This is an HTML version of an attachment to the Official Information request 'Smart meter data, privacy governance, consent, and regulatory oversight'.
From:
Rebecca Styles
To:
Jared Nicoll
Subject:
RE: Media enquiry re smart meters
Date:
Friday, 6 May 2022 10:17:53 am
Attachments:
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Thanks, Jared, I appreciate your time.
 
Have a good weekend.
 
Cheers, Rebecca
 
 
 
From: Jared Nicoll <[email address]> 
Sent: Friday, 6 May 2022 10:15 AM
To: Rebecca Styles <[email address]>
Subject: Media enquiry re smart meters
 
Mōrena Rebecca
 
Thanks for your patience. Please find answers to your questions below.
 
Can you tell me whether the Privacy Commission has received any complaints about electricity smart meter data during
2020, 2021, and to date this year? What was the outcome of the complaints?
 
Yes. We investigated one complaint on this topic in 2021 however the details are confidential.
 
We’ve also had several general enquiries about smart meters, for example, a power company checking how the

Privacy Act may apply to them.
 
Can electricity smart meter data be shared outside of New Zealand?
 
Yes, but where the data is personal information, the transferor will need to comply with the Privacy Act.
 
While some electricity smart meter data may be unidentifiable in its raw form – just a bunch of numbers perhaps – it
could become someone’s personal information once the power usage data can be associated with an account holder.
For example, for a single person living alone the data could be used to indicate when they are home or not.
 
Principle 10 of the Privacy Act sets out how an agency can use this personal information. Generally, they should only

be using information for the purpose it was collected, unless one of the listed exceptions applies. For example, it would
not raise any concerns if the information used was in a form in which the individual could not be identified.
 
Principle 12 of the Privacy Act sets rules around sending personal information to organisations or people outside New

Zealand.
 
A business or organisation may only disclose personal information to another organisation outside New Zealand if they
check that the receiving organisation:
·         is subject to the Privacy Act because they do business in New Zealand
·         will adequately protect the information, e.g. by using model contract clauses, or
·         is subject to privacy laws that provide comparable safeguards to the Privacy Act
If none of the above criteria apply, a business or organisation may only make a cross-border disclosure with the
permission of the person concerned. The person must be expressly informed that their information may not be given
the same protection as provided by the New Zealand Privacy Act.
Further information on privacy and smart meters if available here on our website.
 
Noho ora mai
Jared
 
Jared Nicoll
Communications Adviser | Kaitohutohu Whakapāpātanga
 
Office of the Privacy Commissioner | Te Mana Mātāpono Matatapu

PO Box 10094, The Terrace, Wellington 6143
T     
              
E   [email address]
privacy.org.nz   
 









Subject: Media enquiry re smart meters
 
Kia ora Rebecca
 
I’m just finalising answers in time for your deadline, but I just wanted to check if there is a specific situation involving
smart meter data being used overseas that you’re looking into.
 
I’ve got a good general answer almost ready but we might be able to make it more specific if we knew of a particular
example you’re looking at?
 
Noho ora mai
Jared
 
 
Jared Nicoll
Communications Adviser | Kaitohutohu Whakapāpātanga
 
Office of the Privacy Commissioner | Te Mana Mātāpono Matatapu

PO Box 10094, The Terrace, Wellington 6143
     
              
E   [email address]
privacy.org.nz   
 
Privacy is about protecting personal information, yours and others. To find out how, and to stay informed, subscribe to our newsletter or follow us online. 
 
Have a privacy question? AskUs
 
Caution: If you have received this message in error please notify the sender immediately and delete this message along with any attachments.  Please treat the
contents of this message as private and confidential. Thank you.
 
From: Jared Nicoll 
Sent: Tuesday, 3 May 2022 3:34 pm
To: 'Rebecca Styles' <[email address]>
Subject: Media enquiry re smart meters
 
Kia ora Rebecca
 
Thanks for getting in touch. I’ll find out and get back to you.
 
Noho ora mai
Jared
 
Jared Nicoll
Communications Adviser | Kaitohutohu Whakapāpātanga
 
Office of the Privacy Commissioner | Te Mana Mātāpono Matatapu

PO Box 10094, The Terrace, Wellington 6143
     
              
E   [email address]
privacy.org.nz   
 
Privacy is about protecting personal information, yours and others. To find out how, and to stay informed, subscribe to our newsletter or follow us online. 
 
Have a privacy question? AskUs
 
Caution: If you have received this message in error please notify the sender immediately and delete this message along with any attachments.  Please treat the
contents of this message as private and confidential. Thank you.
 
From: Rebecca Styles <[email address]> 
Sent: Tuesday, 3 May 2022 2:56 pm
To: Media <[email address]>
Subject: Media enquiry
 
Kia ora