Statements, media releases - Office of the Privacy Commissioner

Launch of new APEC Cross Border Privacy Enforcement Arrangement

Wed, 28 Jul 2010 14:28:09 +1200

MEDIA RELEASE

16 July 2010

New Zealand Privacy Commissioner Marie Shroff welcomed the public launch today of the APEC Cross Border Privacy Enforcement Arrangement (CPEA). New Zealand is a founding participant and co-administrator of the arrangement, along with the US Federal Trade Commission.

"Information now moves freely on a global scale", said Ms Shroff. "Smaller countries like New Zealand are inevitably 'takers' of global technology and services from big players such as Microsoft, Facebook and Google. We need to be a part of international moves to protect our consumers' data in the global digital world."

"This new arrangement should be welcomed both by consumers of countries involved and by business which seeks a consistent environment internationally for data protection and enforcement."

The CPEA is the outcome of several years' work by an APEC Pathfinder project. The New Zealand Office of the Privacy Commissioner has been actively involved in the development of the arrangement and its implementation.

ENDS

Contact: Katrine Evans on 021 509 735.

Links to APEC documents:

for the News release from the APEC Secretariat see www.apec.org/apec/news___media/media_releases/20100716_ecsg_cpea.html
for a Fact sheet on the CPEA see: www.apec.org/apec/news___media/fact_sheets/201006cpea.html

Media Release: New Australian Privacy Commissioner

Fri, 23 Jul 2010 14:45:28 +1200

New Zealand Privacy Commissioner Marie Shroff welcomes the appointment of the new Australian Privacy Commissioner, Timothy Pilgrim.

"Timothy is well known and highly respected in the privacy arena of Australia and New Zealand. I look forward to continue working with him in his new role through international partnerships such as the Asia Pacific Privacy Authorities (APPA)," said Ms Shroff.

ENDS

Contact: Cathy Henry on 021 509 735.

For further information see:
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Privacy Commissioner Closes Investigation about Hon Paula Bennett – Refers Matter to Director of Proceedings

Mon, 21 Jun 2010 16:01:04 +1200

MEDIA RELEASE
22 June 2010

"I have closed my investigation of the privacy complaint made by Natasha Fuller about the actions of Hon Paula Bennett," Privacy Commissioner Marie Shroff said today.

"Unfortunately the parties did not reach a settlement on the privacy issues in this complaint."
"In my view the complaint has sufficient substance for me to refer the matter to the Director of Human Rights Proceedings, and I have contacted him accordingly," the Commissioner said.

The Director considers afresh matters referred to him.

"I will therefore be making no further comments about the complaint, in order to protect the integrity of the Director's processes and the privacy of the individuals involved."

"Because aspects of the matter have been in the public domain, and the subject of widespread public questions and comment, I am making this statement about the outcome of my investigation, with the knowledge of the parties involved," the Commissioner said.

ENDS

Contact: Cathy Henry, Office of the Privacy Commissioner, 021 509-735

Note for Media
Where we believe a complaint has substance and we have been unable to settle it, we may decide to refer it to the Director of Proceedings. His role is independent of the Privacy Commissioner and he will decide whether or not proceedings ought to be issued in the Human Rights Review Tribunal. This is a separate process from our complaints process and all hearings are commenced and heard afresh. The role of the Tribunal is to make a final determination about the substance of a privacy complaint.

The Director and the Tribunal do not consider the outcome of the Privacy Commissioner's investigation except for the fact that a complaint has been investigated. The Privacy Commissioner protects information about her investigations under the confidentiality provisions of the Privacy Act.

The complainant Natasha Fuller has asked the Commissioner's office to convey to the media that she will be making no public statements on the issue. Any enquiries should be directed to her legal representative Joanne (Wattie) Watson of Hamilton.

Major changes to NZ credit reporting regulation - Credit Reporting Privacy Code 2004 - Proposed amendment open for public submission

Wed, 16 Jun 2010 09:05:51 +1200

MEDIA RELEASE : 16 June 2010

Privacy Commissioner, Marie Shroff, today publicly notified a proposed amendment to the Credit Reporting Privacy Code and invited anyone interested to make a submission by 13 August. The amendments result from a two year review of the code, which included consulting a reference group of consumer and industry representatives.

"The proposed amendment represents a major change to the regulation of credit reporting in New Zealand," the Commissioner said. "I have examined the arguments carefully and concluded that the negative effects on privacy associated with more comprehensive credit reporting and use of the driver licence can be managed with strong protections. I am also persuaded that the changes will bring substantial benefits both to individuals in their dealings with the credit system and to the community generally." These benefits are expected to include more accuracy and completeness in the credit reporting system and allowing better assessments of creditworthiness to facilitate responsible lending.

"Public consultation is an opportunity for both the public and business to have their say on the proposed changes and on whether the protections are sufficient. I encourage the public, as well as the industry, to give me their views," Marie Shroff said. "I will consider these carefully before determining the final shape of changes to the code."

"Let's be clear - more comprehensive reporting brings new levels of intrusiveness into people's lives when they seek credit. It involves the wider sharing of private financial information," the Commissioner said.

Currently the code protects privacy by prohibiting the reporting of positive credit information such as a good record of paying bills, and only allows the reporting of negative information which shows that an individual has defaulted on their credit obligations. Under the proposed amendment, everyone's credit account information will be liable to be reported when they are seeking credit, whether they have a good or bad credit record.

"Given the substantial increase in sensitive financial information that will be available to third parties on credit reporting databases, the amendment proposes strong new controls to protect privacy. These additional controls are necessary to protect individuals and ensure that the credit reporting system is trustworthy and accountable," Marie Shroff said.

The amendment proposes to balance more comprehensive credit reporting by introducing new elements of external accountability for credit reporters. The code already requires credit reporters to undertake systematic compliance reviews to ensure that they meet security, access and accuracy controls. The amendment will significantly strengthen these obligations by requiring their reviewers to include an external, independent person and to report to the Commissioner each year.

The amendment will allow credit account information to be made available only to credit providers. It will be off limits to employers, landlords and debt collectors.

The amendment will allow the controlled use of driver licence numbers in the credit reporting system for the first time. Although this is an inroad into the existing prohibition on use of unique identifiers for unrelated purposes, the change should bring benefits to individuals by allowing more accurate identification in the credit reporting system. This can help reduce the harm currently caused where credit reporters match individuals with the wrong credit information. Controls in the amendment will prevent credit reporters building up a database of driver licence numbers.

Other changes proposed to be made by the amendment include:

· an explicit prohibition on the use by credit reporters of credit information for direct marketing purposes;
· authorising the controlled use of the index of deaths for removing or suppressing information from credit reporting databases;
· requiring credit reporters to provide individuals with a general explanation about credit scores contained in credit reports released to them;
· requiring credit reporters to make available official translations into other languages of summaries of rights where these are provided by the Privacy Commissioner.

View the proposed amendment and information paper and also some FAQs. More...

ENDS

For further information contact: Cathy Henry 021 509 735 or 04 474 7610.

Notes for editors: The Credit Reporting Privacy Code 2004 is a code of practice issued by the Privacy Commissioner under the Privacy Act 1993. It controls the practices of agencies that carry on the business of reporting on the creditworthiness of individuals. Amongst other things, the code limits the information that may be disclosed by credit reporters, limits who may access credit reporting databases and provides retention periods for credit information held by credit reporters. The full code is also available at www.privacy.org.nz. A set of FAQs on the code and amendment is attached.

Media release: Google Street View: collection of data from wi-fi networks

Thu, 10 Jun 2010 11:25:33 +1200

Assistant Privacy Commissioner Katrine Evans said today:

"We met with the New Zealand Police yesterday. We have agreed that we will now refer this matter formally to them, so that they can consider whether Google has committed a criminal offence by collecting payload data from wi-fi networks during its Street View filming.

"We will continue to consider the privacy angles, but we have no further comment to make at this time."

ENDS

10 June 2010

Links to other stories:

Office of the Privacy Commissioner media release: Google and Wi-fi Information Collection, 14 May 2010 (http://www.privacy.org.nz/media-release-google-and-wi-fi-information-collection/)

Office of the Privacy Commissioner of Canada has launched an investigation of Google WiFi, 1 June 2010
http://www.priv.gc.ca/media/nr-c/2010/nr-c_100601_e.cfm

Google Blog
http://googleblog.blogspot.com/2010/05/wifi-data-collection-update.html

For more information contact Cathy Henry on 021 509 735.

Young children can be active in their own defence online

Wed, 02 Jun 2010 15:56:34 +1200

Media release from Hector's World Ltd.

The media is invited to attend the launch

A new animated interactive online resource and music video about computer security skills, produced by Hector's World, is being launched today by the Hon Nathan Guy, Minister of Internal Affairs.

Aimed at 5-9 year aged children, their parents and teachers, the resources offer a foundation of basic computer security skills by introducing young children to concepts like viruses and strong passwords.

Privacy Commissioner Marie Shroff is also enthusiastic about the new resources. "We know from a recent UMR survey that New Zealanders are worried about children's internet privacy. These are practical tools which will help to keep children safe online."

"The new resources enable children to play a positive role in keeping their and their family's information safe when using a computer online. Children can assist with the security of devices where important family information is stored, such as the family computer," says Ms Shroff.

Liz Butterfield, Hector's World Managing Director says, "We believe that young children can be active in their own defence online if we give them the skills and knowledge they need. We know that children even at early primary level are using terms like ‘password' and ‘downloading'. Yet, without a basic understanding of those concepts children cannot employ simple, proactive strategies to help keep their information secure and protect their computer. We've made this learning process fun - how many songs about computer security can you name with a dance beat like ours?"

Ms Butterfield says, "Some children will enjoy the fun of these new resources and be curious about this subject matter; others will get all of the concepts right away and want to know much more."

"In this era of online drop-down lists of hacking exploits and ready advice on building botnets, it's important to channel the capability and talent our children have in a positive direction that benefits themselves, their family and their community. There is an important link between computer security, privacy and digital citizenship and the best place to start laying this foundation is when children are young."

These new resources were created with a generous grant from the New Zealand Government's Digital Strategy Community Partnership Fund.

Ends

Go to
http://www.hectorsworld.com/island/main/episode_theatre_interior_01/index.html#EPISODETHEATREa to see the new resources.

The media is invited to attend the launch.

Launch details:
Date: Thursday, 3 June,
Time: 9:15am for 9:30am start. Finish 10.30am
Venue: Northland School, 14 Harbour View Road, Northland, Wellington
http://maps.google.co.nz/maps?f=q&source=s_q&hl=en&geocode=&q=Northland+School,+Northland,+Wellington&sll=-41.278839,174.7598&sspn=0.007498,0.013754&ie=UTF8&hq=Northland+School,&hnear=Northland&ll=-41.28058,174.7598&spn=0.007901,0.013754&z=16

To RSVP and for further details about the new resources, please contact:
Liz Butterfield
Managing Director, Hector's World Ltd.
021 72 5864 or LizB@hectorsworld.co.nz

What is Hector's World®?

Hector's World® is an effective and engaging digital citizenship education programme for children aged 2-9 years, and their parents and teachers. Hector's World Ltd. (HWL) is a New Zealand charity and a social entrepreneurship venture. www.hectorsworld.com is divided into two sections: the magical underwater world of Silicon Deep and the comprehensive section for parents and teachers, Info Island.

Computer Security Resources

The new Hector's World online resources on basic computer security go live today on www.hectorsworld.com and the music video can also be enjoyed on the HW YouTube brand channel.

The new resources include:
• computer security episode
• music video
• MP3 file of the song & songsheet
• lesson plans for teachers to use with 3 different primary school age groups.

These engaging resources are being launched in New Zealand today and will soon launch with Hector's World government partners in the United Kingdom, Australia, and Bermuda.

The resources were created with a generous grant from the New Zealand Government's Digital Strategy Community Partnership Fund.

Enjoy Hector's World content:

Website (www.hectorsworld.com)
YouTube Channel (http://www.youtube.com/user/HectorsWorldNZ)

Blog (http://hectorsworldltd.blogspot.com/?zx=e7b391cb15c17d8c)

Twitter (http://twitter.com/hectorsworld)

Media release: Facebook and privacy settings

Mon, 24 May 2010 16:46:08 +1200

24 May 2010

Privacy Commissioner Marie Shroff said today:

"Over the past few months Facebook has made several changes to the way its users can set their privacy settings. We are aware that some people are unhappy with these changes although we have not received formal complaints. We would like to hear if New Zealanders have concerns about Facebook.

Recently Facebook has added website applications that can potentially share your information directly to third parties or via your friends. This has added a whole new layer of settings to the ones already there. You have to go through these line by line to control your privacy settings. We understand that users were not alerted to these added settings.

I would like to see Facebook providing good and constant communications to its users about any changes it makes to privacy settings and about new applications, new disclosure possibilities or new ways to choose levels of interactions. This would inform users of the changes and allow then to alter their settings easily to levels they feel comfortable with.

I would recommend that if you are unsure about your privacy settings that you set all your Facebook settings to "private" and then choose what you want to open up.

Facebook has a site page dedicated to governance, focused mainly on privacy, for people interested in the issues and who want to have their say. Go to http://www.facebook.com/fbsitegovernance

There has been concern expressed internationally about Facebook privacy issues and we are liaising with overseas privacy regulators on this."

ENDS

For more information contact Cathy Henry on 021 509 735.

Media release: Webcams and young children - promoting safe use

Mon, 17 May 2010 14:59:45 +1200

Media release from Hector's World Ltd.

To help kids stay safe online, Hector's World has launched a webcam cover for children to use. Kids can download and print the free webcam cover to use with computers at home or school.

Managing Director of Hector's World Liz Butterfield says, "The cover helps children be aware of the webcam and think about using it before activating the device."

"Our experience is that many young children using computers aren't aware of the presence of a webcam, let alone how to manage its use effectively. This simple paper cover can prompt a valuable discussion between parent and child, or teacher and student, about what a webcam is and how to manage its use safely."

"Using the cover means the camera becomes ‘default off', which is best with a young child. We suggest to children: ‘Know when you're on show'."

Privacy Commissioner Marie Shroff welcomes the new tool. "We know from a recent UMR survey that New Zealanders are worried about children's internet privacy. There is a need for continued vigilance to protect children and young people. I recommend children and parents have a look at this new webcam tool."

The cover is available in a number of designs with Hector's World characters, and in versions for laptop and desktop webcam models. They can be used as a teaching activity for primary schools and early childhood centres as well.

Ms Butterfield adds, "It's a fun project to make the webcam cover and turns the use of a webcam into an informed choice. Just simply asking a teacher or caregiver whether it's okay to remove the cover for an online session is a constructive safety strategy for young children."

"Computer malware that allows remote control of the webcam, termed ‘webcam capture' is a reality of the internet, so I won't be surprised if some adults like the extra security of the cover themselves!"

ENDS

For more information contact: Liz Butterfield 021 72 5864 or LizB@hectorsworld.co.nz
The webcam covers can be found in the Workshop and Info Island sections of the website http://www.hectorsworld.com/island/main/workshop_interior_01/index.html#WORKSHOPa

Background

What is Hector's World®?

Hector's World® is an effective and engaging digital citizenship education programme for children aged 2-9 years, and their parents and teachers. Hector's World Ltd. (HWL) is a New Zealand charity and a social entrepreneurship venture.

www.hectorsworld.com

This website is divided into two sections: the magical underwater world of Silicon Deep and the comprehensive section for parents and teachers, Information Island.

Parent resources include discussion points to help parents guide their child's learning, including a special document on webcam covers. Teachers can find lesson plans for three different primary school age groups, activity suggestions, and soon special information for early childhood educators.

Parents and schools can download the free Hector's World Safety Button^TM which empowers children to deal with unwanted content online with the help of a trusted adult.

In Silicon Deep, children can learn about digital citizenship as they explore this special community. The venues include: the Workshop to find the webcam covers and other activities, Episode Theatre to watch episodes and music videos on topics such as personal information online and cyberbullying, the Music Club to play songs and learn the lyrics, the Town Hall to see citizen profiles and tours of Silicon Deep, the Police Station to learn about cybercrime, and more. This is a superb interactive, multi-media classroom resource - rich with creativity and dedicated to the well-being of young children.

Hector's World is selected as best practice overseas

Hector's World is widely used across UK primary schools through education partner The Child Exploitation and Online Protection (CEOP) Centre (http://www.thinkuknow.co.uk/).

Hector's World® is the Australian Communications and Media Authority's key online safety resource for young children on their website www.cybersmart.gov.au.

The Bermuda Government's Ministry of Energy, Telecommunications and E-Commerce has just launched Hector's World as their key online safety resource for young children http://www.cybertips.bm/.

Other countries will be launching later this year.

Enjoy Hector's World content:
Website (www.hectorsworld.com)
YouTube Channel (http://www.youtube.com/user/HectorsWorldNZ)
Blog (http://hectorsworldltd.blogspot.com/?zx=e7b391cb15c17d8c)
Twitter (http://twitter.com/hectorsworld)

Media release: Google and Wi-fi Information Collection

Fri, 14 May 2010 16:43:56 +1200

14 May 2010

Privacy Commissioner Marie Shroff said today:

"Concerns are currently being expressed about reports that Google has collected wi-fi information during its Street View operation in New Zealand.

I am surprised that the public was not more clearly told beforehand if Google would be collecting other information with its Street View cars. It is good practice to tell people in advance what information is being collected and what that information will be used for.

However, we need to find out more details from Google before we can identify privacy issues that might arise.

We have now contacted Google for confirmation that they collected wireless network information when doing Street View filming in New Zealand. We would also like to know for example whether information will identify the type of device, name of the network, whether the network was secure or unsecured and how the information will be used.

Once we have some more detail we will decide whether further action or comment is required."

ENDS

For more information contact Cathy Henry on 021 509 735.

Media release: New UMR Privacy Survey Results

Mon, 03 May 2010 09:10:26 +1200

A public opinion survey released by the Privacy Commissioner today shows high levels of concern about individual privacy and risks to personal information on the internet. The UMR survey also shows a dramatic rise in New Zealanders' use of social networking.

New Zealanders worry about children's internet privacy

Information that children put on the internet about themselves is the privacy issue that most worries New Zealanders, according to the survey.

Eighty-eight percent of people surveyed said they were concerned about the issue, including 72 percent who said they were "very concerned".

"People's concerns about children's vulnerability on the internet indicate the need for continued vigilance to protect children and young people," said Privacy Commissioner Marie Shroff. She recommended that people could use the resources on internet safety available through Hector's World, Netsafe and the Privacy Commissioner's website.

The UMR survey found that security of personal information on the internet (83 percent) and personal information held by overseas businesses (79 percent) continued to be the issues of next most concern.

Overall trust in government and business increases, but concerns about use of information remain high

Ratings for most organisations tested had increased since the Commissioner's last survey in August 2008.

Trust in Public Sector

Health service providers - including doctors, hospitals and pharmacists - recorded the highest level of trust at 94 percent (92 percent in 2008), followed by the Police at 88 percent (up 4 percent) and the Inland Revenue Department at 84 percent (up 8 percent). Trust in ACC was down 1 percent to 68 percent.

However, people were less confident when asked more specific questions about government agencies' use of their information. Around four in five respondents (82 percent) said they would be concerned if they supplied information to a government agency for one purpose and it was used for another purpose, or if a government agency asked for personal information that didn't seem relevant. Sixty-one percent of respondents expressed concern about government agencies sharing information about them with other government agencies.

"It's excellent to see that New Zealanders continue to have high trust in government agencies," said Marie Shroff. "That's a huge business asset for government. The survey shows us, though, that people are watching what government does with their information, and that they care. So government will have to make sure it continues to have good privacy protections in place, to maintain that public trust."

Trust in Private Sector

The results for businesses showed similar increases in trust but there is also continued concern over what business does with personal information. Sixty-five percent of people said they had trust in retailers, up 5 percent, while a similar proportion trust insurance companies (64 percent, up 7 percent). Even at the "least trusted" end of the scale (credit rating agencies at 42 percent, and businesses selling over the internet at 31 percent) there was a 4-5 percent rise in trust.

However, 91 percent of respondents said they would be concerned if a business they didn't know got hold of their personal information, while 90 percent of respondents said they would be concerned if a business asked for personal information that didn't seem relevant to the purpose of the transaction or if information supplied to a business for one purpose was used for another purpose. This is roughly the same level of concern as in 2008.

"Businesses need to continue to be vigilant about how they treat people's personal information," said Marie Shroff. "From the biggest multinational corporation to the smallest New Zealand enterprise, businesses have information about people - especially their customers and their staff. For business to grow and be successful, people need to know that their information is properly treated. It's not hard to do it right. There's good assistance for businesses out there, including checklists and other guidance material on our website."

Social networking explodes

About four out of five New Zealanders aged 18-30 now use social networking sites such as Facebook. But it's not just something that younger people use: more than half of 30-44 year olds; about a third of 45-59 year olds; and almost one in 10 people over 60 are active users of social networking sites.

Overall, 43 percent of respondents surveyed said they used a social networking site - compared with 32 percent in June last year and just 14 percent in August 2007 (latter figures from UMR omnibus surveys).

The Privacy Commissioner's survey also found that more than half of users (57%) believed the sites were mainly private spaces where people shared information with their friends, whereas 42 percent believed the sites were mainly public and information could be seen by many people.

This result surprises the Privacy Commissioner. "That's a high number of people who think that they're more private on their social networking sites than they actually may be. So they're likely to put information up there not realising that they could be sharing it with the whole world - that's risky for them."

More than four in every five users (86 percent) claimed they knew how to protect their privacy settings, and 66 percent said they had changed privacy settings. "This shows people take a real interest in trying to protect their privacy," commented Marie Shroff. "Using privacy settings is excellent. But it can be quite complicated to get everything the way you want it to be. For instance, if your friends can link to photos or other information on your site, that information can end up unprotected."

Just over half of all respondents who used social networking sites said they were concerned about what those sites used their personal information for. Asked how comfortable they were with search engines and social networking sites tracking internet use to deliver targeted advertising, 55 percent said they were uncomfortable (66 percent of non-users).

Marie Shroff said: "These results show that social life is increasingly being lived online. Many people are aware of the risks and are concerned about them. I hope people will use privacy settings and if necessary bring consumer pressure to bear on internet giants such as Google and Facebook to protect their privacy."

ENDS

The UMR omnibus survey was conducted from 18 to 23 March, and was a telephone survey of a nationally representative sample of 750 New Zealanders 17 years of age and over. The margin of error for the sample size of 750 (for a 50 percent figure at the 95 percent confidence level) is plus or minus 3.6 percent.

View the full UMR report.

Asia Pacific Privacy Awareness Week is 2-8 May 2010. See www.privacy.org.nz for events and media releases during the week. For international initiatives see www.privacyawarenessweek.org

For internet safety advice go to www.netsafe.org.nz, www.hectorsworld.com and www.privacy.org.nz