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New Zealand
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www.nzta.govt.nz
11 May 2024
J Dough
[FYI request #27007 email]
REF: OIA-15483
Dear J Dough
Request made under the Official Information Act 1982
Thank you for your email
of 26 May 2024 requesting information under the Official Information Act
1982 (the Act). I will respond to each part of your request in turn as follows:
Can the New Zealand Transport Agency please confirm that the use of a driver's licence
number is covered by the Privacy Principles as listed on the NZ Privacy Commissioner's
website […]
NZ Transport Agency Waka Kotahi (NZTA) considers that a Driver Licence is a unique identifier as
defined in the Privacy Act 2020 and covered by the Information Privacy Principles, including Principle
13.
I note that Principle 13 […]
specifically calls out "...driver's licence numbers..." as one of
the examples it uses around unique identifiers. Does the New Zealand Transport Agency
agree with the Privacy Commissioner using the "...driver's licence number..." as being a
good, correct example to use? If no, please explain why not and confirm that the New
Zealand Transport Agency will work with the Privacy Commissioner to get the Principle
13 web page updated […]
“Unique identifier” is defined in the Privacy Act 2020 as “
in relation to an individual, means an identifier
other than the individual’s name that uniquely identifies the individual”. Schedule 1 of the Justice
Sector Unique Identifier Code 2020 specifies the circumstances in which a unique identifier may be
assigned. This includes a unique identifier assigned to an individual as a result of the issue of a Driver
Licence. It’s use as an example of a unique identifier therefore appears appropriate.
Can any organization in New Zealand (i.e. one for which the Privacy Act 2020 applies)
use a driver's licence number as a key identifier, username, password or similar for any
purpose other than one which is directly related to driving? If they are:
NZTA does not have any powers to regulate the use of a Driver Licence by other organisations, but we
note that the Justice Sector Unique Identifier Code 2020 permits some organisations to assign a
unique identifier for use in that organisation’s operations.
However, this code is issued by the Privacy Commissioner and its application to other organisations –
and questions on an organisation’s use of a Driver Licence number for non-driving purposes – is a
matter for those organisations and the Privacy Commissioner to consider.
* Is this a legal use of a person's driver's licence, with respect to the Privacy Act 2020 and
/ or other legislation?
NZTA cannot comment on another organisation’s col ection or use of personal information under the
Privacy Act 2020 or other legislation. This is a matter for those organisations and the Privacy
Commissioner to consider.
* What will the New Zealand Transport Agency do to ensure that the organization will
follow the Privacy Act 2020 with respect to using unique identifiers created by the New
Zealand Transport Agency?
NZTA does not have enforcement powers under the Privacy Act 2020. This is a matter for the Privacy
Commissioner to consider.
In line with NZTA policy, this response will soon be published on our website, with personal
information removed.
If you would like to discuss this reply with NZTA, please contact us by email to
[NZTA request email].
Yours sincerely
Meredith Ussher
Group General Counsel – Governance, Risk & Legal
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