Inquiry launched into welfare clients’ sex life

Investigations into the sex life of welfare clients will be inspected by a concerned privacy commissioner.

Privacy commissioner John Edwards has launched an inquiry into the Ministry of Social Development (MSD) practice of approaching third parties for information on clients suspected of fraud, before notifying them.

MSD, acknowledging the inquiry, announced its own review of the policy on Thursday.

Advocacy group Auckland Action Against Poverty (AAAP) sparked the commissioner’s inquiry after obtaining data that showed MSD heavily pursuing clients over their intimate relationships.

Of the nearly 6000 investigations in 2016/17, more than half (3100) were related to allegations of fraud through misrepresenting marriage-type relationships.

Overpayments to beneficiaries were established in 1800 investigations, and 431 were successfully prosecuted.

AAAP co-ordinator Ricardo Menendez March said that several of the investigations would have begun with an anonymous tip-off by vindictive former partners.

‘‘The worst of it is having the investigators approach family members to ask questions about the person being investigated and their sex life, only for the person to find out afterwards.

‘‘You can imagine the shock a person would face when their grandmother comes and says, ‘an investigator came to my door asking all these questions’.’’

Menendez March said if the practice did not border on unlawful, it was certainly unnecessary and cruel.

The advocacy group has been invited to participate in the inquiry, and wants to see a change in legislation to end such investigations.

MSD deputy chief executive Viv Rickard said the department would also review its practice of obtaining information from third parties without notifying the client being investigated.

He said the Office of the Privacy Commissioner had informed the department it was an operational matter in 2012.

‘‘The practice was made public at the time, and was introduced as part of a range of anti-fraud reforms that were a key focus of the Government of the time.

‘‘This change was introduced because approaching people directly for information first was delaying investigations, and only yielded the information requested in 5 per cent of cases.’’

The commissioner will determine whether MSD investigators have breached the Social Security Act.