Legislative protections for DNA and genetic material

Maxwell made this Official Information request to Chris Hipkins

The request was successful.

From: Maxwell

Dear Chris Hipkins,

I write as a New Zealand citizen.

Are there any current legislative protections in place, or being considered, for the protection and security of genetic material collected with respect to the government's response to COVID-19? If so, can you please supply any related legislation information and/or related correspondence discussing such matters.

This should include all genetic material, e.g. DNA collected via nasal swab tests used to determine positive/negative cases, blood samples used in serology tests and any other collection measure used under direction from the government's COVID-19 response programme and held by the relevant Ministry or any contracted agency/vendor/external provider employed for such purposes.

Yours faithfully,

Maxwell

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From: C Hipkins (MIN)
Chris Hipkins

Kia ora

 

Thank you for taking the time to write to Hon Chris Hipkins, Minister for
COVID-19 Response, Minister of Education, Minister for the Public Sector
and Leader of the House.

We are receiving a significant amount of correspondence at the moment and,
although your email will be carefully considered and noted, it is not
possible to respond to each individual email. However, please note that
this is an automatic response and we will endeavour to respond to your
individual queries as soon as we can.

You can find the latest information and guidance about Alert Levels at
[1]https://covid19.govt.nz/alert-levels-and...
The locations of interest are set out
at [2]https://www.health.govt.nz/our-work/dise...
encourage anyone who has been at one of the locations of interest at the
time specified to self-isolate and call Healthline on 0800 358 5453. You
can find the nearest testing centre to you
at [3]https://www.healthpoint.co.nz/covid-19/.

We appreciate that this is a challenging time. If you need to talk, you
can call or text 1737 at any time. Mental health and wellbeing resources
are also available
at [4]https://www.health.govt.nz/our-work/dise...
about the financial support available to individuals and businesses can be
found at [5]https://covid19.govt.nz/business-and-mon....

We also understand that there are several other aspects to the response
that are very important to people. You can find more information about:

o Managed Isolation and Quarantine (MIQ)
at [6]https://www.miq.govt.nz/, including how to request an emergency
allocation
at [7]https://www.miq.govt.nz/travel-to-new-ze...
make a complaint or request a review of your application by
emailing [8]https://www.miq.govt.nz/about/contact-us....
o Travel with Australia
at [9]https://covid19.govt.nz/travel/quarantin...
you are in Australia, please register
at [10]https://www.safetravel.govt.nz/ and if it is an emergency,
contact the Consulate on +64 99 20 20 20.
o Vaccines at [11]https://covid19.govt.nz/covid-19-vaccines/, including
how to book your vaccine
at [12]https://bookmyvaccine.covid19.health.nz/... by calling 0800 28
29 26.
o Vaccine data and statistics
at [13]https://www.health.govt.nz/our-work/dise...
Medsafe’s vaccine safety monitoring reports
at [14]https://www.medsafe.govt.nz/COVID-19/vac...
o The Government’s plan to reconnect New Zealand with the rest of the
world
at [16]https://covid19.govt.nz/reconnecting-new....

Please remember to take care, and be kind. We have beaten COVID-19 before,
and we can do it again.

Ngā mihi,

Office of Hon Chris Hipkins

Minister for COVID-19 Response | Minister of Education | Minister for the
Public Sector | Leader of the House | MP for Remutaka

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From: Tiffany Vail

Kia ora Maxwell

Thank you for your email received on 28 October 2021 in which you submitted a request under the Official Information Act 1982 (the Act) to Hon Chris Hipkins, Minister for COVID-19 Response. You have requested:

“Are there any current legislative protections in place, or being considered, for the protection and security of genetic material collected with respect to the government's response to COVID-19? If so, can you please supply any related legislation information and/or related correspondence discussing such matters.

This should include all genetic material, e.g. DNA collected via nasal swab tests used to determine positive/negative cases, blood samples used in serology tests and any other collection measure used under direction from the government's COVID-19 response programme and held by the relevant Ministry or any contracted agency/vendor/external provider employed for such purposes.”

The Human Tissue Act 2008, which includes regulation of collection of human cells and blood, and associated standards, is the primary legislation in this area. You can read more about the Act here: https://www.health.govt.nz/our-work/regu...

The Ministry of Health's website has information on how COVID-19 testing works, which may be of interest to you: https://www.health.govt.nz/our-work/dise... Viral testing for COVID-19 involves searching for the virus’ genes in a sample taken from the person being tested, usually a swab from the nose or throat. The sample is then sent to the laboratory and tested to see if it contains any genes from the SARS-CoV-2 virus – the virus that causes COVID-19. Laboratories do not sequence DNA from samples, other than that of the virus in a positive case.

You may also wish to refer to ESR Privacy Statement for COVID-19 Testing and Reporting, which sets out how your personal and health information is collected, used, disclosed and protected by ESR (acting as agent on behalf of the Ministry of Health) when you undergo a COVID-19 test. https://esr2.cwp.govt.nz/our-expertise/c...

The Ministry of Health’s website also has useful resources on how personal information is collected and managed as part of the COVID-19 response: https://www.health.govt.nz/our-work/dise...

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.

Ngâ mihi

Tiffany Vail | Private Secretary, Health
Office of Hon Chris Hipkins
Minister for COVID-19 Response

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