1 Oct 2018, 09:00

An NZ Post delivery agent complained to us about audio recordings made by cameras installed on “Paxster” electric delivery vehicles.

He had discovered that phone calls he made during his mail run and his conversations with members of the public were being recorded. He had not been aware the cameras had an audio recording capacity and he says he was shocked and upset when he realised this.

The man’s complaint raised issues under principles 1, 3, and 4 of the Privacy Act.

Principle 1

Principle 1 says that personal information must only be collected if the collection is for a lawful purpose connected with what the agency does.

In NZ Post’s view, the delivery agents were not acting in a personal capacity as they were employees completing their delivery work.

We explained that ‘personal information’ has a wide definition under the Privacy Act and includes any information that is about an identifiable individual.

Although delivery agents are at work, the cameras installed on the Paxster vehicles were still recording personal information about them, for example, personal conversations with people they met during the delivery round. Employees are entitled to a reasonable level of privacy even during working hours.

New Zealand Post considered the audio recordings necessary for the purposes of investigating incidents or accidents that occurred during the delivery round.

We were not convinced that continuous audio recordings were necessary for safety purposes. Thousands of hours of footage were being collected about the delivery agents and members of the public, and yet there were relatively few accidents. It was not clear that the audio recordings would prevent accidents from happening or provide information that would lead to changes in safety policies.

Principle 3

Principle 3 says that when collecting information, agencies must make people aware of the fact that information is being collected, the purpose for the collection and the intended recipients of the information.

We found NZ Post had breached principle 3, as the Delivery Agent was not made aware of the fact that cameras were recording audio during his delivery round.

Principle 4

Principle 4 says that personal information should not be collected by an agency by unlawful means, or means that are unfair or are unreasonably intrusive. 

In our view, the need to investigate possible incidents and accidents needed to be balanced with the Delivery Agent’s right to maintain a reasonable degree of privacy and dignity, and that of the people with whom they interact as they make their round. The delivery agents spend a considerable amount of time in the Paxster vehicles and it would be unsettling for them, and unreasonable intrusive, to record audio during the entire time a Paxster is being driven.

Adverse consequences

We found that there was an interference with the Delivery Agent’s privacy as the breach of principles 1, 3 and 4 had caused him emotional harm.

Conciliation

We facilitated a mediation of this complaint and the parties reached a settlement. NZ Post changed its policy and no longer uses cameras with an audio function on its Paxster vehicles. 

October 2018

NZ Post Delivery Agent – definition of personal information – audio recordings – collection – unfair means – interference – Privacy Act 1993; principles 1, 3, 4