Sharing of metadata of New Zealand persons
Alex Harris made this Official Information request to Government Communications Security Bureau
The request was partially successful.
From: Alex Harris
Dear Government Communications Security Bureau,
Today it was leaked that the Australian Signals Directorate offered to share "bulk, unselcted, unminimised metadata" - including "medical, legal or religious information" with Five Eyes partners ("Revealed: Australian spy agency offered to share data about ordinary citizens", Guardian, 2 Dec 2013). I would like to request the following information under the OIA:
* Did the GCSB, before September 26 2013, collect metadata about New Zealand citizens or permanent residents? If so, what is collected and when did that collection begin?
* Did the GCSB, before September 26 2013, share metadata about New Zealand citizens or permanent residents with its Five Eyes partners (the US, UK, Australia and Canada)? If so, what is shared and when did that sharing begin?
* Has the GCSB started collecting or sharing such metadata since September 26 2013?
In anticipation of a s6(a) refusal of the first two parts of the question, I will point out that before September 26 2013, section 14 of the GCSB Act forbade the GCSB from intercepting the communications (including metadata) of New Zealand citizens and permanent residents. Admitting that the GCSB has obeyed New Zealand law cannot possibly prejudice either the security or defence of New Zealand or the international relations of the Government of New Zealand.
I would prefer to receive an electronic response. Queries about this request will be automatically forwarded to me by the fyi.org.nz website.
With regards to s12 of the OIA, I am an NZ citizen and in NZ.
Yours faithfully,
Alex Harris
From: Information
Government Communications Security Bureau
GCSB acknowledges receipt of your request and will respond within the statutory deadline
Regards
-----Original Message-----
From: Alex Harris [mailto:[OIA #1343 email]]
Sent: Monday, 2 December 2013 2:58 p.m.
To: Information
Subject: Official Information Act request - Sharing of metadata of New Zealand persons
Dear Government Communications Security Bureau,
Today it was leaked that the Australian Signals Directorate offered
to share "bulk, unselcted, unminimised metadata" -
including "medical, legal or religious information" with
Five Eyes partners ("Revealed: Australian spy agency offered
to share data about ordinary citizens", Guardian, 2 Dec 2013).
I would like to request the following information under the OIA:
* Did the GCSB, before September 26 2013, collect metadata about
New Zealand citizens or permanent residents? If so, what is
collected and when did that collection begin?
* Did the GCSB, before September 26 2013, share metadata about New
Zealand citizens or permanent residents with its Five Eyes partners
(the US, UK, Australia and Canada)? If so, what is shared and when
did that sharing begin?
* Has the GCSB started collecting or sharing such metadata since
September 26 2013?
In anticipation of a s6(a) refusal of the first two parts of the
question, I will point out that before September 26 2013, section
14 of the GCSB Act forbade the GCSB from intercepting the
communications (including metadata) of New Zealand citizens and
permanent residents. Admitting that the GCSB has obeyed New Zealand
law cannot possibly prejudice either the security or defence of New
Zealand or the international relations of the Government of New
Zealand.
I would prefer to receive an electronic response. Queries about
this request will be automatically forwarded to me by the
fyi.org.nz website.
With regards to s12 of the OIA, I am an NZ citizen and in NZ.
Yours faithfully,
Alex Harris
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From: Information
Government Communications Security Bureau
Please find enclosed the response to your OIA request.
Regards.
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B M Murrah left an annotation ()
I think that further clarification should be sought regarding the numbers stated in the second to last paragraph that 33 intercept warrants/access authorisations were in force as of 3 December 2013-
As of today it has been revealed the GCSB under-reported their warrants and access authorisations in force by total by around 30%~
See link here via Russel Normans FB:
https://www.facebook.com/photo.php?fbid=...
GP Press Release:
https://www.greens.org.nz/press-releases...
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Mat Barrie left an annotation ()
I notice that the GCSB did exactly as Mr Harris predicted, and refused to answer questions one and two under s6(a) - despite the fact that he predicted this would happen and identified why this is an invalid response to the question.
Link to this