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

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.

During his visit, President Xi Jinping met with Governor-General Jerry Mateparae, and held talks with Prime Minister John Key. The leaders had an in-depth exchange of views on bilateral relations as well as regional and international issues of common interest. More>>

 
 

Parliament Today:

Savings Targets: Health Procurement Plan Changes Direction

Next steps in implementing DHB shared services programme Health Minister Jonathan Coleman says the Government has agreed to explore a proposal put forward by DHBs to move implementation of the shared services programme to a DHB-owned vehicle. More>>

ALSO:

More on Health Policy:

Auckland Unification: 'No IT Cost Blowout' (Just More Expensive)

Following discussion of an update on Auckland Council’s Information Services Transformational Programme at today’s Finance and Performance Committee, council has released the report publicly. More>>

ALSO:

Other Expensive Things:

Gordon Campbell: On The SAS Role Against Islamic State, And Podemos

Only 25% of the US bombing runs are even managing to locate IS targets worth bombing. As the NYT explains at length, this underlines the need for better on-the-ground intelligence to direct the air campaign to where the bad guys have holed up... More>>

ALSO:

Public Service: Commission Calls For Answers On Handling Of CERA Harassment

EEO Commissioner Dr Jackie Blue is deeply concerned about the way in which the State Services Commission has handled sexual allegations made against CERA chief executive Roger Sutton this week and is calling for answers. More>>

ALSO:

Gordon Campbell:
On Andrew Little’s Victory

So Andrew Little has won the leadership – by the narrowest possible margin – from Grant Robertson, and has already been depicted by commentators as being simultaneously (a) the creature of the trade unions and (b) the most centrist of the four candidates, which would be an interesting trick to see someone try in a game of Twister. More>>

ALSO:

China President Wishlists: Greens Welcome Xi, But Human Rights Need To Be On Agenda

“President Xi has made some progress on climate change, but he must also lift the Chinese government’s game on human rights issues,” Green Party Co-leader Dr Russel Norman said... It is important that our Government continues to urge the Chinese government to show restraint and respect human rights in both Tibet and the Xinjiang province.” More>>

ALSO:

Airport Security Breach: CAA Fines Minister

Minister Brownlee has been issued an infringement notice and is required to pay a $2000 infringement fine for breaching Civil Aviation Rule 19.357(b), which states no person may be in an airport security area without an appropriate identity card or document. More>>

ALSO:

Get More From Scoop

 

LATEST HEADLINES

 
 
 
 
 
 
 
 
Politics
Search Scoop  
 
 
Powered by Vodafone
NZ independent news