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


IGIS report on NZSIS access to CusMod and APP data

IGIS report on NZSIS access to CusMod and APP data

14 December 2017

The Inspector-General of Intelligence and Security, Cheryl Gwyn, has released a report relating to the New Zealand Security Intelligence Service’s (NZSIS) unlawful acquisition by NZSIS of Customs data from 1997 until 2016.

The NZSIS had direct access to a dedicated Customs computer terminal, referred to as CusMod, which contained information on passenger movements in and out of New Zealand, including information relating to many New Zealanders.

The NZSIS could access this dataset to find out when people identified as being of security concern travelled into or out of New Zealand.

Ms Gwyn says, “I have found that at the time there was no lawful basis under the Customs legislation, the New Zealand Security Intelligence Service Act, or any other legislation, for NZSIS to access the CusMod data. Nor do I accept that this was legitimate ‘ask and answer,’ as the Service asserted.”

‘Ask and answer’ is shorthand for the lawful process by which any person or agency can ask any other person or agency for information. It is up to the requested body to decide whether to disclose the information.

“In the legislation in force at the time, which contained detailed information access provisions for various government agencies, there was no scope for ‘ask and answer’ to operate alongside that regime. In any event, NZSIS did not make case-specific requests for information.

There is no proper analogy between the legal power to ask another party to disclose records about a particular matter on a case-by-case basis, and the extensive powers of bulk access that the NZSIS purported to use.”

The Inspector-General’s report also addresses the NZSIS’s past access to Advance Passenger Processing information (APP), held by Immigration New Zealand. APP is basic information about the passenger and the flight, which is primarily gathered at the overseas boarding port. It enables an off-shore component to border security.

Ms Gwyn says, “While access to APP was not determined to be unlawful, I am concerned about how the NZSIS might use stored APP data.”

Ms Gwyn made two recommendations in relation to CusMod data, which, if accepted, require the NZSIS to work with her on identifying the scope of the unlawful access and the appropriate remedial steps.

“My preference in respect of illegally obtained data that has been retained or shared is that the Service identifies it, and deletes the material it can.

In relation to APP, the NZSIS should satisfy me that there is a clear basis to retain any APP data obtained prior to the Intelligence and Security Act coming into force this year. Unless that happens, the data should not be used in any way.”

The relevant part of the new Intelligence and Security Act 2017 came into force on 1 April this year, and provides its own legal regime for obtaining both CusMod and APP information.

The Inspector-General is responsible for overseeing the activities of New Zealand’s two security and intelligence agencies, the New Zealand Security Intelligence Service and the Government Communications Security Bureau.

The full report is available here http://www.igis.govt.nz/publications/investigation-reports/


© Scoop Media

Parliament Headlines | Politics Headlines | Regional Headlines

Covid-19: Dissolution Of Parliament Delayed As Govt Hunts Source Of New infections

The dissolution of Parliament has been deferred by at a least a few days due to the new covid-19 cases, Prime Minister Jacinda Ardern said.
This was in case Parliament had to be reconvened as more information came to light, Ardern said at a briefing on the three-day level 3 lockdown in Auckland and level 2 alert for the rest of the country.
A decision about the dissolution of Parliament and any flow on effects for the timing of the election would be considered on Monday, Ardern said... More>>


National: Emma Mellow As Auckland Central Candidate

Tonight the National Party has selected Emma Mellow to stand in the Auckland Central electorate for the 2020 General Election. Emma Mellow replaces retiring MP Nikki Kaye who first won the seat from Labour in 2008. Emma leads a team of communications ... More>>


Travel: Update On New Zealand And The Cook Islands Bubble

The Prime Minister of New Zealand Jacinda Ardern and the Prime Minister of the Cook Islands Henry Puna have welcomed the completion of phase one in the establishment of a travel bubble between New Zealand and the Cook Island. More>>

Election 2020: Labour Launch

E ngā mana e ngā reo Ngāti whātua ngā mana whenua o Tāmaki Makaurau, e tika te kōrero Ehara taku toa he toa (taki tahi) he toa (taki tini) No rēira tātou e huihui mai nei, ka ‘Hoake tonu tātou’ Thank you for that welcome. And thank ... More>>

Gordon Campbell: On Political Twins, And On Labour Extending Its Wage Subsidy Scheme

A quick quiz for the weekend. Which political party currently represented in Parliament issued a press release yesterday that contained these stirring passages: “[We have] long supported a free trade and free movement area between Canada, Australia, New ... More>>


Parliament Adjourns: Adjournment Debate: Speaker Trevor Mallard

The 52 Parliament has sat for the last time before the September Election. It sat for 245 days... More>>


E-Cigarettes: Vaping Legislation Passes

Landmark legislation passed today puts New Zealand on track to saving thousands of lives and having a smokefree generation sooner rather than later, Associate Health Minister, Jenny Salesa says. The Smokefree Environments and Regulated Products (Vaping) ... More>>


Covid-19: Poll On Management Approval

New Zealanders’ overall trust in the Ministry of Health and Government to manage the COVID-19 pandemic is at 82%, down from 91% during April. Overall distrust that the Ministry and Government will manage it in ways which best protect themselves More>>

Election 2020: National Releases 2020 Party List

National’s 2020 Party List is a strong mix of experience coming up through our Caucus, and new and exciting talent joining our team from communities across New Zealand, Party President Peter Goodfellow says. “The National Party is incredibly ... More>>

Horizon Research Limited: How Judith Collins Stopped The Bleeding

Horizon Research includes questions on voting from time to time in its surveys – for both forthcoming referenda and general elections. More>>

Your Vote 2020: Bringing Election Coverage To Viewers Across TVNZ Channels And Platforms

As New Zealand gets ready to head to the ballot box this September, 1 NEWS is bringing voters comprehensive coverage and analysis of this year’s General Election. TVNZ’s coverage will draw on the depth of experience held across the 1 NEWS team, says Graeme ... More>>

Economy: 30% Believe Households Worse Off, 298,000 Expect To Lose Jobs

64% of New Zealanders feel the economic position of their households is the same or better than a year ago – and 30% think it is worse or much worse, while 298,000 think they will lose their jobs in the next 12 months. Households’ perceptions ... More>>

State Services Commission: Findings Of Investigation Into COVID-19 Active Cases Privacy Breach

Deputy State Services Commissioner Helene Quilter has today announced the findings of an investigation into a breach of privacy regarding sensitive personal information. The investigation looked into who or what caused the disclosure of the information, ... More>>

International Security: New Zealand Suspends Extradition Treaty With Hong Kong

The New Zealand Government has suspended its extradition treaty with Hong Kong and made a number of other changes in light of China’s decision to pass a national security law for Hong Kong, Foreign Affairs Minister Winston Peters says. More>>






InfoPages News Channels