Office of the Privacy Commissioner
PO Box 10094, The Terrace, Wellington 6143
Level 8, 109 – 111 Featherston Street
Wellington, New Zealand
P +64 4 474 7590 F +64 4 474 7595
E [email address]
0800 803 909 Enquiries
privacy.org.nz
6 March 2020
Beau Murrah
BY EMAIL ONLY: [FYI request #12283 email]
Tēnā koe Mr Murrah,
Official Information Act Request (Our Ref: OIA/0029)
I refer to your Official Information Act Request dated 20 February 2020 through
www.fyi.org.nz for “any documents or communications from March 1 2019 onwards relating
to:
1. Algorithms and Facebook
OR
2. Algorithms and the Christchurch Call agreement
Including but not limited to any documents or communications about:
1. Algorithmic transparency
2. Harms possibly attributed to algorithms such as radicalization or harms to privacy
3. Regulations as they apply or not to Facebook in relation to algorithms.
4. The March 15 terror attacks in relation to algorithms 5. The Christchurch Call and
algorithms.”
On 28 February you spoke with Michael Harrison from my Office and clarified the scope of
your request. You followed this up by email shortly after explaining “what I was essentially
looking for was documents and correspondence including about the effect of algorithms such
as Facebook's newsfeed, search and livestreaming algorithms in relation to March 15 terror
attack and the Christchurch Cal agreement.”
Publicly available information I have identified the following pieces information which we do hold and are publicly available:
•
https://www.privacy.org.nz/blog/netflixs-great-hack-review-an-insight-into-the-threat-
social-media-poses-for-democracies/
•
https://helenclark.foundation/wp-content/uploads/2019/11/the-christchurch-principles-
min.pdf
•
https://www.christchurchcall.com/christchurch-call.pdf
•
https://www.privacy.org.nz/assets/Uploads/2019-Identity-Conference-keynote-
speech-Privacy-Commissioner-John-Edwards.pdf
•
https://privacy.org.nz/assets/Uploads/IAPP-ANZ-Summit-2019-keynote-
presentation2.pdf
Other relevant information
In terms of your request for information about ‘[r]egulations as they apply or not to Facebook
in relation to algorithms’ there is no specific regulation in New Zealand regarding algorithms,
however you may find these resources of interest:
•
https://www.otago.ac.nz/news/news/otago711839.html
•
https://data.govt.nz/use-data/analyse-data/government-algorithm-transparency-and-
accountability/draft-algorithm-charter/.
More generally, the New Zealand Privacy Act does apply to Facebook and its activities.1
Request otherwise refused
Your request is otherwise refused under section 18(c)(i) of the Official Information Act 1982.
This allows for a request to be refused if making the information available would be contrary
to the provisions of a specified enactment. Here, section 116(1) of the Privacy Act applies.
Section 116(1) of the Privacy Act requires this Office to maintain secrecy in respect of all
matters that come to our knowledge when we are carrying out our functions under the Privacy
Act 1993, unless release of information is considered necessary to give effect to the Privacy
Act. While we hold information within the scope of your request, I am therefore refusing your
request.
If you are not satisfied with this outcome, you have the right to contact the Ombudsman to
seek an investigation and review of this decision.2
Yours sincerely
John Edwards
Privacy Commissioner
1 See
https://www.privacy.org.nz/news-and-publications/statements-media-releases/privacy-commissioner-
facebook-must-comply-with-nz-privacy-act/. 2 https://www.ombudsman.parliament.nz/.
OIA/0029/A679201