Hon Amy Adams
Minister for Communications and Information Technology

15 October 2013 Media Statement
Telco security legislation passes second reading

A Bill that will modernise telecommunications security legislation passed its second reading in parliament today, Communications and Information Technology Minister Amy Adams says.

The Telecommunications (Interception Capability and Security) Bill will give clarity and certainty to industry about their obligations, and will ensure that our law enforcement and security agencies have appropriate support from industry to keep New Zealand safe.

The Bill has two key elements. The first part relates to obligations for telecommunications companies, and is focused on modernising the existing interception capability regime.

The Bill aims to make existing obligations on the telecommunications industry more proportionate, flexible, and certain. It will also improve the existing administration and enforcement processes in order to lift compliance levels.

Ms Adams says contrary to some claims, the Bill does not change the existing safeguards to protect people’s privacy.

“It also does not change the authority of agencies to intercept telecommunications, it does not change existing privacy protections, and it does not require data to be stored or require stored data to be disclosed. The Bill only relates to real time interception.”

The second aspect of the Bill introduces a formal and transparent network security regime. New Zealand does not presently have any formal scheme to effectively manage and address potential national security risks associated with the design, build and operation of the telecommunications infrastructure.

The Bill reduces costs for network operators by removing the duplication of interception capability currently required under the current Act.

“Network security is important to ensure that networks are kept safe from unauthorised access, or the unauthorised copying, altering or diverting of data. The network security framework is a preventative regime, built on a partnership approach.

“The Bill is not about the GCSB telling a network operator how to design its network, nor does it give the GCSB the power of veto over decisions.

“The Bill formalises the existing relationship with some operators and the existing partnership approach, based on working collaboratively with each other and finding resolutions that are effective and proportionate to the risk.

“Updating the legislation will ensure New Zealand’s telecommunications companies have a clearer understanding of how to meet their interception obligations while ensuring their network infrastructure does not pose a risk to New Zealand’s national security, as we move to an increasingly online world.”

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