Tighter controls to ensure privacy recommended in Law Society submission
The New Zealand Law Society says it supports passage of the Identity Information Confirmation Bill.
In a submission to the Government Administration Committee, the Law Society says there is a very real need for verification of identity, as a means of preventing and deterring identity theft and other criminal activity, including money laundering.
“The Bill will also support legitimate commercial activity, by enabling commercial entities to efficiently verify individuals’ identities,” the Law Society says.
However, the submission states that the Law Society also recognises the privacy interests involved, and the concern that government disclosure of personal information to public and private sector agencies may be seen as the “thin edge of the wedge”.
Consequently, the submission addresses some areas where the Law Society believes changes could be made to ensure individual privacy is better safeguarded.
Recognising that the set of government databases accessible under the Bill is limited, the Law Society says if the legislation were to be expanded in the future it would be necessary to consider the resulting privacy implications. As a result, it suggests the Bill should include a provision which requires the Privacy Commissioner to report to Parliament on the privacy implications of any proposed future expansion of the scope of the Bill.
Two main concerns in relation to privacy are identified in the Bill: the retention of personal information by government agencies providing the confirmation service, and the role of the Privacy Commissioner.
The Law Society says under the Bill at present, where a public or private sector agency requests an identity information check on an individual, the confirmation service provided by the “responsible officials” will have access to personal information about that individuals.
“At present, if an individual chooses to open a bank account, the fact that the individual chooses one bank over another is not known to Births, Deaths and Marriages or the Department of Internal Affairs as a matter of course,” the submission says.
“However, that information will now potentially become official information in which case it may be accessible under the Official Information Act 1982 and held under the Public Records Act 2005. This should not be allowed to occur.”
The Law Society recommends an amendment to the Bill which prohibits the government agencies operating the confirmation service from retaining personal information arising out of an identification check.
The submission also points out that while the Privacy Commissioner may require a review and report on the terms and conditions of any confirmation agreement, the Commissioner has no power to direct amendment of the agreement. This is required by agreement of both the responsible officials and the agency which is party to the agreement.
“The Bill should be amended to require that the Commissioner is notified of all proposed confirmation agreements,” the Law Society says. “The Bill should also provide that where the Commissioner considers it necessary, entry into a confirmation agreement should be delayed, pending a review by the Commissioner.”