Spies ‘unlawfully accessed’ info
The Security Intelligence Service unlawfully accessed information obtained by border security agencies to keep tabs on people entering New Zealand, the country’s security watchdog says.
While the activity is historical, the domestic spy agency has come under fire from Inspector General of Intelligence and Security Cheryl Gwyn in her annual report, not just over the way it accessed the material but for dragging its heels in responding to her inquiry.
Gwyn reveals discussions stemming back several years relating to information collected by customs and immigration under the Customs and Excise and Immigration acts.
SIS director general Rebecca Kitteridge said the information related to people entering New Zealand - information that was critical for the work done by the agency. She blamed the criticisms on out-ofdate legislation that had since been updated to make clear such information could be accessed.
But Gwyn’s report raises questions about what should be done with the information obtained by the SIS during the period up to mid-2016. It presumably relates to people who might pose a risk to national security.
Gwyn says she is still talking to the SIS about how that information is used.
Gwyn’s annual report, released yesterday, says the information was accessed unlawfully by the SIS - though SIS legal advice disagrees. The full report will be issued this week.
Gwyn is highly critical of the agency, blaming the ‘‘excessive timeframe’’ to complete her final report in part on the delay getting legal advice, but also the fact it was ‘‘difficult’’ getting a ‘‘comprehensive and fully reasoned’’ response from the agency.
‘‘I found the agency was reluctant to engage with my office on the substantive issues. I also observe that while the service is entitled to have a different view from me on the lawfulness of given activities, whenever lawfulness is in question it should be proactive in obtaining independent legal advice on the specific point.
‘‘Ultimately, in this matter, the service advised me of its final view as to the lawfulness of some of its access to information under the Customs and Excise Act as late as August 2017. On that I have a different view, as set out in the review report,’’ she says.
‘‘I have not been able to satisfactorily resolve with the service the residual question whether NZSIS can lawfully treat immigration information collected by it previously as if it had been collected under the Direct Access Agreement with Immigration that is now in place.’’
Kitteridge said there was nothing deliberate about the delays - the agency had some big demands at the time including legislative changes, a government review of the surveillance agencies, and work to put a compliance regime in place.
‘‘We were extremely stretched.’’