133 Molesworth Street
PO Box 5013
Wellington 6140
1 October 2021
New Zealand
T+64 4 496 2000
New Zealand Council for Civil Liberties
By email: [FYI request #16694 email]
Ref:
H202112129
Tēnā koe New Zealand Council for Civil Liberties
Transfer of your request for official information
Thank you for your request under the Official Information Act 1982 (the Act) on 10 September
2021 for:
“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) Al 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 Ministry of Health does not hold any information relating to your request. However, I have
been advised that this information is held by the Department of Prime Minister and Cabinet
(DPMC). For this reason, I have decided to transfer your request to their office under section
14(b)(i) of the Act. You can expect a response from DPMC in due course.
Under section 28(3) of the Act you have the right to ask the Ombudsman to review any
decisions made under this request. The Ombudsman may be contacted by email at:
[email address] or by calling 0800 802 602.
Nāku noa, nā
Nick Allan
Manager OIA Services
Office of the Director-General
Copy of OIA request
From: New Zealand Council for Civil Liberties <[FYI request #16694 email]>
Sent: Friday, 10 September 2021 11:27 am
To: OIA Requests <[email address]>
Subject: Official Information request - Use of information gathered under the COVID-19 Public Health
Response (Alert Level Requirements) Order (No 10) 2021
Dear Ministry of Health,
This is a request under the Official Information Act. A similar request has been made to the Department
of Prime Minister and Cabinet, so for the avoidance of doubt we are seeking the information held by the
Ministry that it can make decisions on, and does not need to transfer any part of this request to the
Department of Prime Minister and Cabinet.
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 bal ot 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 Ministry (including unrecorded information known to the
relevant Ministry 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 Ministry decides to withhold any information in response to this request we further request,
under section 19(a)(i ) of the OIA that the Department provide the specific reasons for citing each
withholding ground.
Yours sincerely,
The New Zealand Council for Civil Liberties
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