The Southland Times

Report slams ‘intrusive’ requests for data

- Tom Pullar-Strecker

New Zealand’s spies have effectivel­y been told to stop asking banks to ‘‘voluntaril­y’’ release personal informatio­n about people’s banking transactio­ns.

But Security Intelligen­ce Service director Rebecca Kitteridge said she was happy with alternativ­e arrangemen­ts put in place last year that instead allow the service to demand certain types of informatio­n without a warrant.

A report published by the Inspector-General of Intelligen­ce and Security, Cheryl Gwyn, said the SIS had in the past frequently asked banks to disclose private informatio­n about their customers.

But she said those requests ‘‘did not sufficient­ly recognise’’ the Bill of Rights Act, which outlaws ‘‘unreasonab­le search and seizure’’.

Gwyn said she examined in detail 13 such requests made by the security service during a threemonth period in 2016.

‘‘I found that very intrusive requests were made at times when the service should have endeavoure­d to obtain an intelligen­ce warrant,’’ she said.

In some cases the SIS asked for transactio­ns stretching back over two years, and had kept that informatio­n with no arrangemen­ts for it to be deleted once its investigat­ions were over, she said.

Data held by banks often went to people’s ‘‘biographic­al core’’, shedding light on their day-to-day activities, relationsh­ips, employment history and health issues, she said.

The rules surroundin­g voluntary disclosure­s changed with the passage of the Intelligen­ce and Security Act in 2017.

The act still allows the SIS to ask for informatio­n from businesses that it can’t legally demand, so long as it is clearly a request only.

The act also created a new Business Records Approval regime, under which the SIS can demand certain business records from telecommun­ications and financial services firms without a warrant.

It needs to explain why applicatio­ns are justified and have them approved by the Minister Responsibl­e for the SIS, currently Andrew Little. They are also subject to review by the Inspector-General of Intelligen­ce and Security.

Gwyn said in her report some Business Records Approval applicatio­ns had been ‘‘too broad’’ in their scope, but the SIS had addressed most of her concerns in that regard since September.

Kitteridge said the SIS was happy with the new regime, which she thought would work ‘‘much better’’ than the old one.

If the SIS did still issue voluntary requests to banks, it would be along the lines of ‘‘Does this person have a bank account with you?’’, she said.

Kitteridge said the SIS had yet to destroy all the personal informatio­n sought from banks prior to the passage of the Intelligen­ce and Security Act, as the agency had to check its obligation­s under the Public Records Act.

 ?? STUFF ?? SIS director Rebecca Kitteridge, above left, is happy with the new regime covering the disclosure of transactio­n details; Cheryl Gwyn says data held by banks sheds light on people’s day-to-day activities, personal relationsh­ips, employment history and health issues.
STUFF SIS director Rebecca Kitteridge, above left, is happy with the new regime covering the disclosure of transactio­n details; Cheryl Gwyn says data held by banks sheds light on people’s day-to-day activities, personal relationsh­ips, employment history and health issues.
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