Privacy Commissioner - Te Mana Matapono Matatapu

Introduction of the Immigration Bill

Privacy Commissioner's Statement: 9 August 2007

Given the role personal information plays in immigration matters, it is no surprise that the immigration review contains numerous privacy impacts requiring consideration and comment from the Privacy Commissioner. The recently introduced Immigration Bill contains two matters that are still of significant concern.

First, the Commissioner has consistently voiced concerns over the provision for refugee and protection status decisions to be made on the basis of undisclosed classified information.

The Commissioner has strongly recommended that the provision does not proceed, in order to better accord with fair information handling practices and human rights. Proposed safeguards in the Bill are highly unlikely to allay these concerns. In particular the provision is out of step with the practices of Canada, the United Kingdom, and Australia, and is contrary to the submission of the UN High Commissioner for Refugees.

Secondly, the Immigration Bill creates precedents for the compulsory collection of biometric information. Some sections of the Bill impose broad ranging obligations, potentially relating to all travellers (including New Zealand citizens). People will be required to allow the collection of this form of personal information, for a range of immigration purposes.

The Commissioner expects that an agency collecting personal information will meet the requirements of the Privacy Act, for example, that only necessary information is collected.

The Commissioner is likely to bring these issues to the attention of the Select Committee considering the Bill.