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Comments of the Privacy Commissioner for the Select Committee Hearing on the Search and Surveillance Bill

Introductory comment

Search and surveillance is a complex area with an immense impact on citizens' rights in relation to the State. Up to now, it has suffered from a lack of consistency and coherence, but the work of the Law Commission and the resulting Search and Surveillance Bill have significantly improved this situation.

Of course, any discussion of search and surveillance gives rise to major privacy issues. By its nature the Bill covers activities that are intrinsically invasive. The Committee is faced with the hard job of balancing genuine law enforcement needs with the public interest in privacy.

In addition, the electronic age we are living in provides far more scope for search and surveillance activities than ever before. It is important that this major piece of legislation is enacted with appropriate safeguards in place to protect all New Zealanders.

Generally, the Bill successfully manages the competing concerns. However, I have recommended several changes to the Bill, to address what appear to be oversights in the drafting. I recognise that search and surveillance is a vital part of law enforcement and enforcement officers should have the tools they need to carry out this role effectively. However, New Zealanders have the right to expect that the intrusions into their private lives created by the Bill will be justifiable and also operated with appropriate safeguards in place.

Recommendations

Prisoners' and Victims' Claims Bill

Report by the Privacy Commissioner to the Minister of Justice in relation to Part 2(1) of the Prisoners' and Victims' Claims Bill


This report discusses only Part 2(1) of this bill, which aims to ensure that compensation for breaches of the New Zealand Bill of Rights Act 1990, Human Rights Act 1993 and Privacy Act 1993, is treated as a remedy of last resort for prisoners. Under the bill, compensation will only be possible when all other remedies have been explored and do not provide effective redress.

 

Immigration Bill 2007

Privacy Commissioner's submission on the Immigration Bill 2007 to the Transport and Industrial Relations Committee.

Review of Statutory Authorities

General descriptions and reports of the results of all operating matches can be found in the Commissioner'’s annual reports.

The Commissioner periodically reviews operating matches to assess their continuing justification for existence, as required under s.106 of the Privacy Act. 

1st Report Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the:

  • Customs Match;
  • Commencement-Cessation Match

(21 May 1999)

2nd Report Report by the Privacy Commissioner to the Minister of Justice pursuant to section 106 of the Privacy Act 1993 in relation to a review of the operation of the following information matching provisions:

  • Penal Institutions Act 1954, section 36F
  • Tax Administration Act 1994, section 82
  • Tax Administration Act 1994, section 83
  • Immigration Act 1987, section 141A

(16 May 2002)