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The Privacy Commissioner's submission focuses on clause 69 of the Courts and Criminal Matters Bill, which amends the Summary Proceedings Act 1957 to authorise:
the release of penalty information to credit reporters for inclusion in credit reports; and
the Ministry of Justice to use the information provided by credit reporters when collecting fines.
Clause 69 would create significant privacy impacts for the people of New Zealand through these new disclosures and uses of their personal information.
View the Privacy Commissioner's comments on the National Health IT draft plan, which sets out a plan to develop a national electronic health information infrastructure.
The Border (Customs, Excise and Tariff) Bill provides for the use of automated electronic systems at the border to make decisions, exercise powers, comply with obligations, and take related actions'. Any automated decision making can affect an individual's privacy.
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.
Report by the Privacy Commissioner to the Social Services Committee in relation to an information matching programme proposed to be authorised by new section 68 of the Housing Restructuring and Tenancy Matters Act 1992.
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.