Use of information gathered under the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021
New Zealand Council for Civil Liberties made this Official Information request to Department of the Prime Minister and Cabinet
The request was partially successful.
From: New Zealand Council for Civil Liberties
Dear Department of the Prime Minister and Cabinet,
This is a request under the Official Information Act. A similar request has been made to the Ministry of Health, so for the avoidance of doubt we are seeking the information held by the Department that it can make decisions on, and does not need to transfer any part of this request to the Ministry of Health.
The New Zealand Council for Civil Liberties is concerned that the COVID-19 Public Health Response (Alert Level Requirements) Order (No 10) 2021 (the Order) does not provide that information gathered from members of the public about their visits to workplaces under the provisions of the Order may only be used for the purpose of contact tracing. Without such protection, we are concerned that the Police or other organisations may use this information for law enforcement or other purposes. We are not satisfied by verbal assurances provided by Ministers and officials as we have seen similar assurances disregarded by the police in Singapore and some Australian states.
We are also concerned that the Order does not require workplaces to use ballot box style tools for people drop slips of paper with their contact details into, instead permitting the continued use of open registers.
We are also concerned that clause 11(2)(a) of the Order does not require destruction of the record after 60 days, only ‘disposal’.
We therefore request information held by the Department (including unrecorded information known to the relevant Department officials) about:
a) Consideration of, advice on, or responses to communications received from third parties about statutory limitations on the use of contact record information provided by members of the public to a workplace; and
b) Advice to Ministers or senior officials since 1 January 2021 about mandating the provision and collection of contact information from members of the public when they visit a workplace; and
c) Advice to Ministers or senior officials since 1 January 2021 on limitations on the use of contact record information provided by members of the public to a workplace; and
d) Advice to Ministers or senior officials since 1 March 2020 on privacy protection for contact record information provided by members of the public to a workplace; and
e) Advice to Ministers or senior officials since 1 March 2020 on police, intelligence and security agency, or public service department access to information provided by the public to organisations undertaking contact tracing for Covid-19 public health purposes; and
f) All advice on the retention and disposal of contact records by workplaces since 1 January 2021 that informed the drafting of clause 11(2) of the Order.
The Council believes the strong public interest in accountability for advice and internal discussion of issues pertaining to privacy and extraordinary state powers to record and trace information about the movement of people outweighs any grounds for withholding information under the section 9 withholding grounds.
If the Department decides to withhold any information in response to this request we further request, under section 19(a)(ii) of the OIA that the Department provide the specific reasons for citing each withholding ground.
Yours sincerely,
The New Zealand Council for Civil Liberties
From: Information [DPMC]
Department of the Prime Minister and Cabinet
Tēnā koe
Thank you for emailing the Department of the Prime Minister and
Cabinet (DPMC), including the National Emergency Management
Agency (NEMA).
Please note, DPMC is not able to respond to emails that are
outside its purview. If the subject of your email does not relate to the
work of DPMC, we will forward your email to the appropriate Minister
or agency who will respond to you directly. To find out more about the
functions of DPMC please view our website - [1]https://dpmc.govt.nz/
If your correspondence is intended for the Prime Minister please email her
office at - [2][email address]. Contact information for other
Members of Parliament can be found at
- [3]https://www.parliament.nz/en/get-involve...
If you are writing about an issue relating to COVID-19, we encourage you
to first refer to the [4]COVID-19 website. Here’s a list of links that you
may find helpful:
o [5]Current Alert Level
o [6]Latest Government COVID-19 information
o [7]Jobs, training and financial support
o [8]Travel and the border
o [9]Mental wellbeing, accessing health care and violence protection
o [10]Information for businesses
o [11]Proactive release of Government Response documents
o [12]Managed Isolation and Quarantine
If you are showing symptoms of COVID-19, please call your local GP or
contact the Healthline team on 0800 358 5453
Common Questions:
* Official Information Act (OIA) Requests will be formally acknowledged
during office hours and actioned accordingly. For more information
about the statutory OIA timeframes please see
- [13]http://www.ombudsman.parliament.nz/.
* For Job opportunities within DPMC please see
- [14]https://centralagenciesjobs.cass.govt.nz.... Please use
this website to apply for vacancies, unfortunately resumes received
through other avenues will not be considered.
* New Zealand Visas and requests for asylum are managed by Immigration
New Zealand. Please see - [15]https://www.immigration.govt.nz/.
We hope one of the above links helps answer your question.
We appreciate your patience at this time. Thanks again and please take
care.
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From: Information [DPMC]
Department of the Prime Minister and Cabinet
[IN-CONFIDENCE]
Kia ora
Thank you for your request under the Official Information Act 1982 which
was received on 10 September 2021, copied below. A response will be
provided in accordance with the Act.
The Department of the Prime Minister and Cabinet (DPMC) may publish the
response to your Official Information Act (OIA) request.
When you are provided with a response to this request, you will be
informed about whether the response to your OIA request will be published.
If DPMC does publish the response to your OIA request, personal
information, including your name and contact details, will be removed.
This publication process does not apply to extension letters or transfers.
Ngā mihi,
Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E [1][DPMC request email]
[2]cid:image002.png@01D43609.296F69C0
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.
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From: Information [DPMC]
Department of the Prime Minister and Cabinet
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DPMCOIA Extension OIA 2021 22 0261 NZCCL Contact tracing information Council Civil Liberties New Zealand Council of Civil Liberties.pdf
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[UNCLASSIFIED]
Kia ora koe,
Please see the attached letter regarding your recent OIA request.
Ngā mihi,
Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E [1][DPMC request email]
[2]cid:image002.png@01D43609.296F69C0
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.
References
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1. mailto:[DPMC request email]
From: New Zealand Council for Civil Liberties
Dear DPMC,
Thank you for your letter of 8 October 2021.
In that letter the Department said that it was awarding itself a six week extension to the date for responding to our request. It said this was because of both the volume of information requested and the need to consult others.
In deciding whether to complain to the Ombudsman about the decision to extend the time for making a decision on our request, it would be helpful to know about progress with responding to it. Please provide us with an update on your search for the information requested. Please also provide us with the details of who is being consulted, and an update on progress with those consultations.
Kind regards,
The New Zealand Council for Civil Liberties
From: Information [DPMC]
Department of the Prime Minister and Cabinet
Dear New Zealand Council for Civil Liberties,
I am just writing to inform you that there will be a delay in providing the information you have requested under the Official Information Act 1982 (the Act).
The Department of the Prime Minister and Cabinet is directly involved in the government response to COVID-19. Due to this, our timelines to respond to requests have been impacted. We are working to ensure that this delay is minimal, and appreciate your patience and understanding as we work towards finalising your response.
You have the right to ask the Ombudsman to investigate and review this delay under section 28(3) of the Act.
Many thanks,
DPMC Ministerial and Business Services
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From: Information [DPMC]
Department of the Prime Minister and Cabinet
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OIA Thomas Beagle.pdf
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4474881 OIA261 release document NZCCL Part1.pdf
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[UNCLASSIFIED]
Kia ora koe,
Please see the attached letter regarding your recent OIA request.
Please note: Part 2 of release document will follow
Ngā mihi,
Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E [1][DPMC request email]
[2]cid:image002.png@01D43609.296F69C0
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.
References
Visible links
1. mailto:[DPMC request email]
From: Information [DPMC]
Department of the Prime Minister and Cabinet
image001.png
24K
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4474881 OIA261 release document NZCCL Part2.pdf
18.2M
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Release document part 2.
Merry Christmas
Ngā mihi,
Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E [1][DPMC request email]
[2]cid:image002.png@01D43609.296F69C0
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.
From: Information [DPMC] <[DPMC request email]>
Sent: Friday, 24 December 2021 11:58 am
To: New Zealand Council for Civil Liberties
<[FOI #16693 email]>
Subject: Your OIA Request - A Response
[UNCLASSIFIED]
Kia ora koe,
Please see the attached letter regarding your recent OIA request.
Please note: Part 2 of release document will follow
Ngā mihi,
Ministerial Coordinator
Ministerial and Business Services
Strategy, Governance and Engagement
Department of the Prime Minister and Cabinet
E [3][DPMC request email]
[4]cid:image002.png@01D43609.296F69C0
The information contained in this email message is for the attention of
the intended recipient only and is not necessarily the official view or
communication of the Department of the Prime Minister and Cabinet. If you
are not the intended recipient you must not disclose, copy or distribute
this message or the information in it. If you have received this message
in error, please destroy the email and notify the sender immediately.
References
Visible links
1. mailto:[DPMC request email]
3. mailto:[DPMC request email]
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