Mötika Tangata më Te Tiriti o Waitangi: Mate Korona më te Noho Rähui i Aotearoa Taumata 4
claims remotely. A human rights approach would see
all Tribunal staff, including decision makers, working
from home. They should be encouraged to progress
all existing claims and conduct hearings by alternative
means.
Contact tracing, surveillance and data
use - Whakapāpā mate rere, tūtei mē te
whakamahi raraunga
Contact tracing involves the gathering of data from
individuals who have come into contact with people
who have the coronavirus. It is a key public health
measure for containing and eliminating COVID-19.
The government has confirmed that digital contact
tracing technology will be used, on a voluntary basis,
to assist with contact tracing. A recent independent
audit of COVID-19 contact tracing (the Verrall report),
notes that the Ministry of Health and local developers
are working on a smartphone app for this purpose
and recommends that its development is rapidly
completed.
By enhancing the speed and scope of contact tracing,
digital technology has the potential to positively
impact on the public health measures taken by the
government towards eliminating COVID-19.
There is a concern that this technology has the
potential to be used repressively for purposes other
than public health, such as general intelligencegathering and surveillance.
The use of digital contact tracing involves the
balancing of the right to privacy with the right to
health, which includes prevention, treatment and
control of epidemic disease. A human rights approach
will help the government to appropriately balance
its privacy and public health obligations when
considering digital contact tracing. This approach
requires the government to ensure that any impacts
on people’s privacy are strictly necessary, lawful and
proportionate.
The use of digital tools for tracing COVID-19 should
be voluntary. High levels of public trust and uptake
are essential if they are to be effective. The Privacy
Commissioner has noted that the way information
is collected and distributed is essential to balancing
health and privacy. Information should only be
provided to public health workers, be of a minimal
nature and be accessible only while COVID-19 remains
a threat.1
Decisions on contact tracing, surveillance and data use
must be undertaken in partnership with iwi and Mäori,
uphold rangatiratanga and address Mäori equity issues.
Iwi and Mäori organisations should have access to data
and information to enable their effective participation
in decision-making, inform their self-determined
responses, and monitor equity of outcomes.
Deprivations of liberty - Aukati te noho
herekore
Under Alert Level 4, people held in prisons, police
cells, secure mental health and dementia units, youth
justice facilities and care and protection residences
were effectively locked down from the outside world.
Research shows that such people are vulnerable to
cruel, inhuman and degrading treatment. This risk is
heightened when they are cut off from full interactions
with independent monitoring agencies, statutory
visitors and their whänau.
During a respiratory pandemic, people who are
deprived of their liberty have a greater risk of infection
due to living in close proximity to one another and
their limited ability to take their own precautionary
measures. They are also more likely to have
compromised health and therefore be more vulnerable
to coronavirus.
The Human Rights Commission is the Central National
Preventive Mechanism under the Optional Protocol
to the United Nations Convention against Torture.
Reported TVNZ, 9 April 2020, available here and at the Office of Privacy Commissioner website here
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