DOIA 26 247 Attachment 2 SouthPAN Privacy Assessment.pdf

Toitū te Whenua Privacy Assessment
SouthPAN (SBAS) project
About this assessment
Privacy  law  and  public  expectations  require  Toitū  te  Whenua  LINZ  to  treat  personal
information  with  care;  dealing  with  personal  information  appropriately  is  essential  to
maintaining public trust in Toitū te Whenua LINZ and our services.
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One of the best ways we can make sure we treat personal information with care is to carry
out a privacy assessment before getting stuck into any new project, procurement, system
or process change, or significant activity.
This report contains the results of an assessment prepared by s9(2)(a)
in the Legal
Services team using the Privacy Assessment tool offered by Legal Services.
Overall results and approval process
No  personal  information  will  be  collected,  used,  stored  or  disclosed  as  a  result  of  the
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SouthPAN (SBAS) project. Accordingly, this assessment has not been reviewed by a member
of the Legal Services team and does not require any formal approval.
What personal information is involved?
Information that we hold  is personal information if  the  information  is  about  a  person,  the
person  is  an  individual  (rather  than  a  company,  or  other  legal  entity),  and  the
individual is identifiable.
In respect of SouthPAN (SBAS) project, the following personal information is involved:
(no personal information)
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Issue-by-issue assessment
☑ Information privacy principle 1 – purpose of collection of personal information
This information privacy principle does not apply, as SouthPAN (SBAS) project does not
result in the collection of personal information.
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☑  Information privacy principle 2 – source of personal information
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This information privacy principle does not apply, as SouthPAN (SBAS) project does not
result in the collection of personal information.
☑   Information privacy principle 3 – transparent collection
This information privacy principle does not apply, as SouthPAN (SBAS) project does not
result in the collection of personal information.
☑    Information privacy principle 4 – manner of collection of personal information
This information privacy principle does not apply, as SouthPAN (SBAS) project does not
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result in the collection of personal information.
☑    Information privacy principle 13 – unique identifiers
This information privacy principle does not apply, as SouthPAN (SBAS) project does not
result in the creation or use of a unique identifier.
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☑      Information privacy principle 5 – storage and security of personal information
Assessment:
THE
This information privacy principle does not apply, as SouthPAN (SBAS) project does
not result in the storage of personal information.
☑       Information privacy principle 9 – Agency not to keep personal information
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for longer than necessary
Assessment:
This information privacy principle does not apply, as SouthPAN (SBAS) project does
not result in LINZ holding personal information.

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☑    Information privacy principle 6 – access to personal information
Assessment:
This information privacy principle does not apply, as SouthPAN (SBAS) project does
not result in the storage of personal information.
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☑   Information privacy principle 7 – correction of personal information
Assessment:
This information privacy principle does not apply, as SouthPAN (SBAS) project does
not result in the storage of personal information.
☑    Information privacy principle 8 – Accuracy of personal information to be
checked before use or disclosure
Assessment:
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This information privacy principle does not apply, as SouthPAN (SBAS) project does
not result in LINZ using personal information.

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☑   Information privacy principle 10 – Limits on use of personal information
This information privacy principle does not apply, as SouthPAN (SBAS) project does
not result in LINZ using personal information.
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☑                    Information  privacy  principle  11  –  Limits  on  disclosure  of  personal
information (keeping information confidential)
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This principle does not apply as SouthPAN (SBAS) project will not involve the disclosure of personal
information outside of LINZ.

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☑                      Information  privacy  principle  12  –  Limits  on  disclosure  of  personal
information (keeping information confidential)
Information privacy principle 12 is triggered when a person seeks to rely on one of the exceptions
in information privacy principle 11. It therefore does not apply in respect of SouthPAN (SBAS) project
1982
? Going beyond the information privacy principles, do you consider that there are
any  ‘social  licence’,  ‘right  thing  to  do’,  or  ‘expectation  of  the  public  service’  risks
involved in SouthPAN (SBAS) project?
ACT
Assessment:
Yes. s9(2)(a)
and s9(2)(a)
previously consulted with the Office of the Privacy Commissioner
in  relation  to  potential  third-party  privacy  implications  of  an  SBAS.  See  objective  reference:
A3693401,Privacy Commissioner


Advice from the Office was as follows:
"I note that last year our Office recommended that LINZ conduct a brief privacy analysis for
each of the use cases. Having reviewed the paper, it does not appear that the SBAS involves
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the collection, use or disclosure of any additional personal information at this early stage.
Accordingly  we  no  longer  consider  this  necessary,  but  recommend  you  bear  privacy
implications in mind throughout the process. "

In addition to providing a copy of a Cabinet paper from 2019, s9(2)(a)  specifically drew the Office's
attention to the prospect that "The SBAS will vastly improve the accuracy of GPS positioning, and
we  thought  the  OPC  might  like  to  comment  –  especially  in  relation  to  privacy  concerns."
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The Office did suggest that we bear privacy implications in mind throughout the process. We have
therefore decided to carry out a fresh Privacy Assessment.

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Although none of the information privacy principles are triggered, we do recognise that there are
some potential third-party privacy impacts. These kinds of impacts are not unusual – our LDS, for
example, enables people to do things with data that we might not approve of. Although we have
some limited contractual controls there (and which we can’t have in respect of SBAS, which will just
be a signal that anyone can access), the main way that risk is regulated is by privacy law directly
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regulating the use of that data by LDS users themselves. There is, of course, value in a fairly blue-sky
bit of work on this – but those risks are likely to be quite speculative, and probably beyond the set
of risks for which we are legally and socially responsible.

Improving the accuracy of publicly-accessible GPS signals may enable third parties to do some things
that have negative impacts on the privacy of other persons. However, those risks are likely to be
quite speculative, and probably beyond the set of risks for which we are legally and socially
responsible. Rather, the responsibility rests with users of SBAS signals to ensure that they comply
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with their obligations under the IPPs. As noted in notes from a meeting between LINZ and the Office
in 2018, "A privacy impact assessment should be constructed by any party using SBAS to deliver
apps (particularly govt.) guidance on this can be found on privacy commissioner website."


While  there  is  some  identifiable  social  licence  risk,  the  Office  of  the  Privacy  Commissioner  has

previously agreed that the responsibility to manage that sits primarily with people using SBAS in a
way that creates privacy impacts. Moreover, by having consulted twice with the Office of the Privacy
Commissioner, any social licence / expectation of LINZ risk has been nearly entirely mitigated.
We will provide a copy of this assessment to the Office of the Privacy Commissioner, and will also
offer a briefing on SBAS technology.
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? Going beyond the information privacy principles, do you consider that there is any
prospect  that  SouthPAN  (SBAS)  project  may,  in  relation  to  privacy,  breach  our
obligations under Te Tiriti o Waitangi?
ACT
Assessment:
I note that we currently do not have internal guidance on how to assess privacy impacts on Māori /
compliance with our duties under te Tiriti and tikanga Māori in relation to data specifically about
Māori and personal information generally.


That  said,  there  are  no  obvious  adverse  impacts  on  Māori  in  relation  to  privacy.

I  also  note  the  SBAS  Project  Stakeholder  Engagement  Plan  (A4264741,SBAS  Project  Stakeholder
Engagement and Communication Plan_V1.0) notes that Te Puni Kokiri will be informed about SBAS.
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THE
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