Source: Privacy Commissioner
The Policing Amendment Bill would create significant risks for the privacy and rights of New Zealanders, Privacy Commissioner Michael Webster says.
“I do not support the Bill and recommend that it not be passed. If it does proceed, I recommend that it be amended to provide for safeguards”, Mr Webster said
“The authorisation for collection of information provided by the Bill is too broad and has not been adequately justified. It will not provide the certainty sought by Police, won’t achieve their objectives and risks harming people’s trust and confidence in Police.”
Commenting in his office’s Select Committee submission, the Commissioner outlined several concerns (opens to PDF, 3MB).
“This Bill provides Police with a very broad authorisation to collect information, including for an undefined ‘intelligence purpose’, which could lead to excessive collection and retention of personal information.
“I consider that the arguments for the Bill overstate the current constraints on policing activity and I do not consider the Bill provides greater clarity than the status quo or reduces the risk of Police information collection being challenged in court.
“I believe the potential adverse impacts of the Bill have not been adequately assessed.
“The Bill is likely to disproportionately affect Māori and to harm the privacy interests of children and young people. It is also likely to significantly infringe on the right to privacy of all New Zealanders, by giving Police a broad power to collect personal information, without a clear purpose for doing so, and without any meaningful constraints on retention, use and disclosure of that information.
“The Bill includes no safeguards, such as being subject to oversight by my office, the IPCA or the not yet established Inspector General of Police.
“There is a case for a specific statutory framework for Police intelligence-gathering, particularly given the technologies for collecting and analysing information that are now available to Police. Such a framework would give Police certainty about their powers to collect information for intelligence, while also providing for safeguards. That framework is not in this Bill. Developing such a framework would take time and require consultation.”
