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Source: Radio New Zealand

RNZ / REECE BAKER

The Privacy Commissioner says a bill empowering police to gather intelligence needs stricter limits because “we’ve seen this all before”.

The public has until Wednesday to make submissions on the Policing Amendment Bill.

Michael Webster said in a statement on Monday that the bill’s impacts on privacy seem to have largely passed most New Zealanders by.

In 2022, an inquiry found police were taking photos of young Māori for no lawful policing purpose and it was not clear how the new bill would not allow a repeat of this.

“As Privacy Commissioner, I have deep concerns about the bill’s implications, especially for Māori, because we’ve seen this all before.

“This bill will authorise the police to video and record people when they are out in public and I’d like people to think about how they’d expect police to be using this power.”

The bill passed its first reading last month.

Privacy Commissioner Michael Webster. VNP / Phil Smith

Police and the government have argued that the 2022 inquiry, and a Supreme Court ruling last year, had tied police hands too much. At the first reading of the bill, Police Minister Mark Mitchell said “This bill will not provide additional powers to police that could be construed as enabling mechanisms for mass surveillance”.

However, as some of the intelligence gathering police were doing prior to the 2022 inquiry was found to be unlawful, critics say authorising such gathering now amounted to introducing new powers.

Webster said it might allow police to keep tabs on a group of people because that video ” ‘might’ be useful one day”.

“There are real questions about how much information is good policing intelligence to stop crime, and how much could be bulk collection of images of people going about their lawful daily lives.”

The bill would make it very difficult for people to complain when “things go wrong, including when police collect, use, or share information about them in a way that impacts of their privacy” and there had to be sufficient oversight, he said.

“The rush to introduce the bill means it hasn’t had the consultation it needs, especially with the groups it’s likely to most impact.”

Documents accompanying the bill said “time pressures” had ruled out consultation with the public or Māori or consideration of Te Tiriti.

The Justice Ministry earlier backed the bill, though its recommendation for tailormade safeguards was rejected.

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– Published by EveningReport.nz and AsiaPacificReport.nz, see: MIL OSI in partnership with Radio New Zealand

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