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

 

Departure Speech: Governor-General’s State Farewell Luncheon

"...Unfortunately I was unable to get to the Antarctic, the Chatham Islands and the Kermadecs. A dicky heart thwarted our travel to the Antarctic; and even though I volunteered to parachute into the Kermadecs to join the Young Blake expedition, time, commitments and officials frustrated my plans to visit the Kermadecs and Chathams." More>>

ALSO:

New Research: Most Homeless People Working Or Studying

“The cost of housing has been rising without corresponding increases in income, whilst the number of state houses per capita has been in decline. Many low-income people are missing out on housing, whether we recognise them as ‘homeless’ or not. More>>

ALSO:

Post-Traynor: New Offender Info Sharing Plan

“This Bill delivers on that step-change by moving away from name-based records held by individual agencies to a shared, anchor identity based on unalterable information, such as fingerprints and facial recognition. It also gives agencies access to the drivers’ licence photo database and birth, death and marriages information." More>>

  • NZ Law Foundation - New $2M fund for research on information challenges
  • Littoral: New Ship To Deliver Enhanced Naval Capability

    Defence Minister Gerry Brownlee says the Government has approved a Ministry of Defence and New Zealand Defence Force recommendation to request tenders for a new naval ship to support littoral operations. More>>

    July:

    After King's Labour Snub: Māori Party And Kiingitanga To Work Together

    Māori Party Co-leaders Te Ururoa Flavell and Marama Fox met with Kiingitanga representatives in Wellington yesterday to discuss working together on key issues for the betterment of Māori. More>>

    ALSO:

    Waitangi Claim On Rehabilitation: The 'Justus' System For Māori Not Good Enough

    Closing statements at the Waitangi Tribunal case against Corrections called for immediate steps and a comprehensive review to address the high rate of Māori reoffending. More>>

    ALSO:

    Advice: PM Sets Rules For Ministers' Treatment Of Public Servants

    Prime Minister John Key has laid down the law about the way ministers and public servants should interact, saying ministers may not always like the advice they receive, but they must listen to it carefully, respectfully and professionally. More>>

    Gordon Campbell: On The Funding Changes In Special Needs Education, And Uber

    The plan to strip out the educational support for older “special needs” children in order to meet the existing shortfall in funding for special needs in early childhood education is so miserly and relentlessly stupid as to defy belief… More>>

    SPECIAL EDUCATION (& More):

    Online Learning Plans:

    Get More From Scoop

     

    LATEST HEADLINES

     
     
     
     
     
     
     
     
     
    Politics
    Search Scoop  
     
     
    Powered by Vodafone
    NZ independent news