Matthew Chipping
[FYI request #16374 email]
Tēnā koe Matthew
Thank you for your request of 10 August 2021 to the Ministry of Education requesting the
following information:
1. Has your agency contracted work to Research New Zealand in the last five years?
2. If so, did you provide private information or data on individuals to Research New
Zealand?
3. If so, what agreements did you make with Research New Zealand regarding privacy
and data retention?
4. Have you been notified of any data breaches, security issues, or privacy issues with
Research New Zealand?
Your request has been considered under the Of icial Information Act 1982 (the Act).
Question One
In the last five years, the Ministry of Education has contracted Research New Zealand (RNZ)
to conduct surveys on its behalf on five occasions. As shown in the below table, only one
contract is ongoing.
Contract Title
Start Date
End Date
1 NCEA Review – Employers Survey
29/10/2018
30/11/2018
2 NCEA Review Learner Survey
8/04/2019
24/06/2019
3 Māori Medium NCEA Learner Survey
1/07/2019
30/08/2019
4 NCEA Learner Survey 2020
1/01/2020
25/07/2021
5 Provision of Connectivity and Devices Evaluation
Survey
23/07/2021
30/11/2021
NCEA Contracts (1 to 4)
The surveys undertaken by RNZ on behalf of the Ministry were relating to a range of topics
around NCEA including workloads, satisfaction with the qualification, and subject availability.
Responses collected were used in conjunction with other sector consultation to support the
development of the NCEA change package.
Connectivity and Devices Evaluation Contract (5)
Research New Zealand were engaged to survey the recipients of devices and connectivity,
including learners and whānau, to evaluate the efficiency of the Ministry’s response to COVID-
OIA: 1268635
National Of ice, Mātauranga House, 33 Bowen Street, Wellington 6011
PO Box 1666, Wel ington 6140. Phone: +64 4 463 8000 Fax: +64 4 463 8001
education.govt.nz
19 and the need to improve the ability of the sector to educate students through distance-
learning.
Question Two
To allow Research New Zealand (RNZ) to conduct surveys on the Ministry’s behalf,
information which was collected by the Ministry was shared with them. As part of the process
to collect the relevant information, the individuals who were providing information were
informed that it could be used for research purposes. The information that the Ministry shared
with RNZ varied between agreements and we have provided further details regarding these
agreements below.
Question Three
The Ministry engaged Research New Zealand (RNZ) under the Ministry of Business
Innovation and Employment’s Al of Government Consultancy Services Panel using the
standardised Consultancy Services Order.
The consultancy services order contains two clauses related to privacy. As allowable under
section 16(1)(e) of the Act, below I have provided an extract of the privacy-related clauses
within the Order.
1. In addition to its other obligations under this Consultancy Services Order,
the Provider will:
•
in performing Services for the Participating Agency under this
Consultancy Services Order comply with all privacy and other policies
and guidelines issued by the Participating Agency and notified or made
available to the Provider;
•
comply with all Laws at all times during the Term in so far as they relate
to the provision of the Services, including the Privacy Act 1993 [Privacy
Act 2020] and all applicable consumer laws;
•
ensure that it and its Personnel providing the Services do not access
the Participating Agency’s information or systems except to the extent
necessary to provide the Services and for no other purpose;
2. After expiry or termination of this Consultancy Services Order for any
reason, each party wil , within five Business Days of receiving notice from
the other party, return all Documentation, Confidential Information or other
property belonging to the other party (or destroy such Confidential
Information, if requested), except if such Documentation, Confidential
Information or other property is required to be retained by any Law.
The clauses extracted above are included in all agreements between the Ministry and
Research New Zealand.
Further information about the Consultancy Services Order can be found in the following link:
Consultancy services | New Zealand Government Procurement and Property
Additional clauses are added to contracts on an individual basis as deemed necessary by the
Ministry. As allowable under section 16(1)(e) of the Act, I am providing you with a summary of
the additional clauses relating to privacy in each contract. These are shown in the table below:
education.govt.nz
Contract Title
Clauses additional to Consultancy Service Order
1 NCEA
Review
–
Additional clauses were not considered necessary for this
Employers Survey
contract.
2 NCEA Review Learner The Survey will be hosted on a secure designated server
Survey
by a government approved provider. The online survey is
to be encrypted with an industry standard certificate.
3 Māori Medium NCEA The Survey is to be hosted on a secure designated server
Learner Survey
by a government approved provider.
4 NCEA Learner Survey Al published survey data, results and qualitative comment
2020
wil be anonymised to protect respondents’ privacy.
5
Al samples and data are saved and stored securely, with
a government approved provider.
Provision of Connectivity
and Devices Evaluation In accordance with Research New Zealand’s Code of
Survey
Practice, all samples (originals and copies) are destroyed
at the completion of projects and the client formally
advised of this fact.
Question Four
The Ministry has not been notified of any data breaches, security issues, or privacy issues
with Research New Zealand.
If the Ministry were to receive a notification of an information breach, we would act in
accordance with the provisions within the Privacy Act 2020 and within the context of the
breach. Part of our response to a potential breach could, where appropriate, include actions
such as notifying affected individuals, advising the public, or contacting the Office of the
Privacy Commissioner for further advice where needed.
Please note, the Ministry now proactively publishes OIA responses on our website. As such,
we may publish this response on our website after five working days. Your name and contact
details will be removed.
Thank you again for your email. You have the right to ask an Ombudsman to review this
decision. You can do this by writing t
o [email address] or Office of the
Ombudsman, PO Box 10152, Wellington 6143.
Nāku noa, nā
Aditi Cook
Chief Procurement Officer
Business Enablement and Support
education.govt.nz
Document Outline
- The request and due date
- Background
- Proposed response
- Consultation