Lawful for Private Security to access Public information

Robert Stewart made this Official Information request to Ministry of Social Development

The request was successful.

From: Robert Stewart

Dear Ministry of Social Development,

Can I please request with urgency the lawful statute that gives private security the right to access a persons private details before being admitted entry into a WINZ building?

For information to assist I have looked into health and safety act and cannot find anything that supersedes a persons right to privacy from interrogation by private companies.

This matter is urgent so can I please request an expedient answer inline with the lawful requested time period.

Yours faithfully,

Robert Stewart
[email address]

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From: OIA_Requests (MSD)
Ministry of Social Development

Tēnā koe Mr Robert Stewart

Thank you for your email received 16 March 2017, under the Official Information Act 1982. Your request has been forwarded to the appropriate officials at National office to respond. You may expect a decision regarding your request to be sent to you as soon as possible.
 
Nā mātou noa, nā

Official and Parliamentary Information team   |  Ministerial and Executive Services
Ministry of Social Development

Our Purpose:
We help New Zealanders to help themselves to be safe, strong and independent
Ko ta mātou he whakamana tangata kia tū haumaru, kia tū kaha, kia tū motuhake

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From: OIA_Requests (MSD)
Ministry of Social Development

Dear Mr Stewart

 

 

On 16 March 2017, you emailed the Ministry requesting, under the Official
Information Act 1982, the following information:

·         A copy of the lawful statute that give private security firms
the right to access a person's private details before being admitted entry
into a Work and Income building?

 

The Ministry is entitled to restrict access to its work places. While
public services are provided from those workplaces they are not public
places and the Ministry has an obligation to ensure that the workers and
others that use them are safe. The principal source of these obligations
is the Health and Safety at Work Act 2015. The Health and Safety at Work
Act 2015 is available at:
[1]www.legislation.govt.nz/act/public/2015/0070/latest/DLM5976660.html

 

An important part of Ministry security is knowing who is coming into
Ministry sites.  The security guards are having a conversation with people
before they come into the Ministry offices to quickly discuss why a person
is there, and help to make sure the Ministry does not admit anyone who
might represent a risk to the safety of other clients or Ministry staff.

 

People will be asked for identification – any form of identification. The
Ministry knows that not everyone carries identification at all times. The
Ministry can reassure people that not having identification will not mean
people cannot come into a Work and Income office. If guards are satisfied
someone has a genuine reason for visiting, the lack of identification will
not be a barrier to them coming into the offices.

 

Many security guards were already having these conversations - the change
is simply making sure the Ministry has a consistent approach across the
country.

 

As part of this, the Ministry has been working very closely with
Armourguard to make sure their staff understand the new guidelines and get
up-skilled. This includes ensuring that contracted security personnel are
fully aware of their obligations under the Privacy Act, including using
any private information provided strictly for the purposes for which it is
required. The Office of the Privacy Commissioner is aware of the process
the Ministry is using and is satisfied it meets the requirements of the
Privacy Act.  The Privacy Act 1993 is available at:
[2]www.legislation.govt.nz/act/public/1993/0028/latest/DLM296639.html

 

If you wish to discuss this response with us, please feel free to contact
[3][MSD request email]

 

If you are not satisfied with this response, you have the right to seek an
investigation and review by the Ombudsman. Information about how to make a
complaint is available at [4]www.ombudsman.parliament.nz  or 0800 802 602.

 

Yours sincerely

Official and Parliamentary Information team   |  Ministerial and
Executive Services

Ministry of Social Development

 

Our Purpose:
We help New Zealanders to help themselves to be safe, strong and
independent
Ko ta mâtou he whakamana tangata kia tû haumaru, kia tû kaha, kia tû
motuhake

 

 

------------------------------- 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 Social
Development accepts no responsibility for changes made to this message or
attachments after transmission from the Ministry.
-------------------------------

References

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1. http://www.legislation.govt.nz/act/publi...
2. http://www.legislation.govt.nz/act/publi...
3. mailto:[MSD request email]
4. http://www.ombudsman.parliament.nz/

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