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/


ends

© Scoop Media

 
 
 
Parliament Headlines | Politics Headlines | Regional Headlines

Gordon Campbell: On Compensating Afghan Civilian Casualties

Reportedly, there have been nine incidents resulting in 17 civilian deaths and injuries (seven of the dead were children) caused by ordnance left behind on what used to be the firing range of our Provincial Reconstruction Team (PRT) in Bamiyan province.

Given that the NZ Defence Force has needed to be hauled kicking and screaming into belatedly arranging an adequate clean-up of its old firing range… what would it take before New Zealand offers to pay compensation to the families of those who suffered death and injury from what was left behind on our watch? More>>

 

Fossil Fuel Investment: ACC Must Lead On Climate Change

As the largest publicly owned investor in New Zealand, the ACC board should divest from fossil fuels, demonstrating our leadership role on climate change, Green Party MP Chlöe Swarbrick said today. More>>

ALSO:

Total Officers, Up Less: Coalition's 1800 New Police Officers

The Coalition commitment to add 1800 new Police officers to frontline policing has been achieved with the graduation of 59 constables from the Royal New Zealand Police College today. More>>

ALSO:

Predator Free: $3.5m For New Pest Controls

New Zealand First is proud to announce the Provincial Growth Fund (PGF) has allocated $3.5 million to develop innovative predator control approaches which will reduce the need for repeated 1080 use. More>>

ALSO:

Children's Day: Commissioner Calls For Govt Commitment

“Three decades on, we are able to celebrate some significant changes for children like the recent launch of a Child and Youth Wellbeing Strategy. But we still have a long way to go to prioritise children’s rights.” More>>

ALSO:

Elections: Proposed Electorate Boundaries Released

The Representation Commission is proposing changes to half of New Zealand’s electorates and establishing a new electorate in south Auckland… More>>

ALSO:

"Effectively A Permanent Amnesty": Final Month For Gun Ban Compensation

The firearms buy-back comes to an end a month from today, but the police say the amnesty for returning banned guns will continue into next year and beyond. More>>

ALSO:


SPECIAL GUNS FOR FOREIGN SECURITY:


MORE ARMED POLICE:

 
 
 
 
 

LATEST HEADLINES

  • PARLIAMENT
  • POLITICS
  • REGIONAL
 
 

InfoPages News Channels