Gordon Campbell | Parliament TV | Parliament Today | News Video | Crime | Employers | Housing | Immigration | Legal | Local Govt. | Maori | Welfare | Unions | Youth | Search

 


"Legitimate purpose" provides no protection under 167 form

17 April 2014

"Relevance" and "legitimate purpose" provides no protection under 167 form

On Radio New Zealand today, the Privacy Commissioner indicated that ACC could only request information that was "relevant" for a "legitimate purpose". His view was therefore that the ACC167 form is not a "blank cheque" or "carte blanche".

While the form does suggest that information must be relevant, the duration of the information consent and the way the form is used mean that these requirements provide no protection for claimants.

ACC claimants who are required to sign a 167 form give their consent once and it applies for the life of their claim. ACC refuses to negotiate a limited time frame, despite what is recorded on the form. ACC is able to decline to provide entitlements, including weekly compensation, if a claimant insists on a limited time frame. The only way to challenge the reasonableness of ACC's position on your consent is by legal challenge, which is difficult when ACC is withholding your primary source of income.

Once the form is signed, ACC obtains administrative freedom, and is largely left to its own devices.

Significantly, the form does not require ACC to notify a claimant what information is being collected or disclosed. There is therefore no opportunity for a claimant to monitor the relevance requirement, or object as to whether the information is relevant before it is collected or disclosed.

Considering the scale of ACC's disclosure of this information, for example to potential employers, it is not entirely clear they can effectively monitor the relevance of that information before disclosing it. Certainly, a claimant is not given that chance.

The form enables information to be collected, used, and disclosed regardless of relevance, and without notification to the claimant. The requirement for blanket consent (rather than on a case-by-case basis as Judge Powell specifically endorsed) means that irrelevant information can be collected, used, and disclosed for an illegitimate purpose before a claimant is even aware what has taken place.

Claimants also routinely suffer abuse even for a "legitimate purpose". The ACC167 form enables fraud investigators to contact any number of third parties for the "legitimate purpose" of investigating and disclosing information in relation to alleged fraud. Situations exist where claimants have been forced to leave small communities because the inquiries of a fraud investigator have irreparably harmed their reputation. The number and scale of these investigations undertaken each year is unclear.

When it comes to the ACC167 form, with its lengthy time-frame and broad consent, the Privacy Commissioner is unfortunately incorrect in saying that "relevance" and "legitimate purpose" provide any protection for claimants.

ACC167 gives ACC a blank cheque to do as they wish with claimants' information, including providing it to 36,000 potential employers in the past year alone. It is unclear whether ACC was paid for this service.

ENDS

© Scoop Media

 
 
 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

TV3 Videos: Key's Flip-Flop Over Whale Oil Texts | Slater
Reaction: Greens | More
Dim-Post Link: The Very Odd Slightly Left Of Centre

Gordon Campbell: On Government Arrogance

Right now, National is ramming anti-terrorism measures through Parliament. This legislation will grant the SIS the power to carry out 48 hour bouts of surveillance on anyone without a warrant, and will bestow on government the power to unilaterally revoke anyone’s passports and thus deny them the freedom to travel.

Ludicrously, the public has been given exactly one day to make submissions on these major infringements of their civil liberties. Despite Finlayson’s misleading signals on RNZ that these are only stopgaps until next year’s full review of our security laws, the measures in question will not, in fact, expire until 2018.

Why the insane rush? Good question. More>>

 
 

Parliament Today:

Key Texts With Whale Oil Released: PM Can’t Be Trusted Over Dirty Politics Defence - Greens

John Key’s answers to questions about dirty politics can’t be trusted, after he was forced to admit that he had misled journalists and Parliament about contact with attack blogger Cameron Slater, said the Green Party today.. More>>

ALSO:

Temporary Release Crackdown Continues: Corrections Review Of Phillip Smith Case

“The review by Corrections’ Chief Custodial Officer reveals that the plan for Smith’s series of temporary releases was overly ambitious and misinformed. He’s a highly manipulative and deceptive person who although technically eligible, should not have been considered for temporary release." More>>

ALSO:

White Ribbon Day: Govt Resumes Sexual Violence Trial Proceedings Work

Justice Minister Amy Adams has asked the Law Commission to resume work on proposals for better supporting victims of sexual violence through the criminal process. The Law Commission will revisit its previous work on alternative pre-trial and trial processes to identify options for improving complainants’ experience in court. More>>

ALSO:

"New Faces, Wise Heads": Andrew Little Announces New Labour Line Up

Labour Leader Andrew Little today announced a bold new caucus line up which brings forward new talent and draws on the party’s depth of experience. More>>

ALSO:

Gordon Campbell: On Rick Ellis As Te Papa’s New CEO

The recent appointment of former TVNZ boss Rick Ellis to head Te Papa has copped a fair bit of criticism. Much of it has been inspired by the suspicion that Ellis has been hired to pursue the same purely commercial goals as he did at TVNZ, while similarly neglecting the serious cultural side of his mandate. More>>

Passport Cancellation, Surveillance: Draft 'Foreign Fighters Legislation' Released

The final draft of the Countering Terrorist Fighters Legislation Bill contains proposals previously announced by Mr Key in a major national security speech earlier this month. More>>

ALSO:

Related

Joint Statement: Establishment Of NZ-China Strategic Partnership

At the invitation of Governor-General Lt Gen The Rt Hon Sir Jerry Mateparae and Prime Minister The Rt Hon John Key of New Zealand, President Xi Jinping of the People’s Republic of China made a state visit to New Zealand from 19 to 21 November 2014... More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news