released.57 However, the PHRAE is not referred to in any legislation, nor in the information sharing guidance referred to above. 50. More generally, the government recently issued its Data Protection and Use Policy (DPUP), a nonlegislative policy instrument that applies across the public sector. The DPUP’s Manaakitanga (right to dignity) principle specifically refers to the participation rights of children and young people and the duty of agencies to support them to participate in decisions regarding their personal data.58 Access to information 51. As mentioned above, in October 2019 the Department of Internal Affairs held workshops across New Zealand to discuss a number of proposed changes to legislation and policy to counter online extremism, including regulatory gaps that became evident when agencies and internet companies attempted to take down and prevent the dissemination of live-streamed video footage of the March 2019 Christchurch mosque attacks. The workshops and proposals arose as part of New Zealand’s domestic response to the international “Christchurch Call” initiative, led by the New Zealand Prime Minister and the President of France.59 Cabinet papers indicate that resultant changes are likely to entail, among other things, changes to classifications legislation so that it can apply more readily to online content hosts.60 52. More generally, the proportion of children with access to the internet is increasing. It is reported that almost all (99.7%) of New Zealand school students have internet access at school. It is anticipated that 87% of New Zealand’s population will have access to ultra-fast broadband by 2022. However, reports indicate that digital inclusion remains a problem in New Zealand, particularly for low-income and rural households. Census data indicated 13% of households do not have internet access at home. 61 Civil rights and freedoms: Recommendations The Commission recommends that the Committee seek the following information from the New Zealand government: (a) Information on the implementation of the Treaty of Waitangi duties of the Chief Executive of Oranga Tamariki under s7AA of the Oranga Tamariki Act. (b) Information on the implementation of Treaty of Waitangi duties of the education sector following enactment of the Education and Training Bill. (c) Information on the use of the PHRAE tool when assessing information sharing and data analytics practices and proposals, including frequency of use and details of the outcomes of PHRAE assessments, including any impact on policy and practices. (d) Details of safeguards to protect children’s rights, including protection from discrimination, in information-sharing practices authorised under the Oranga Tamariki Act 1989 and the Family Violence Act 2018. 57 https://www.msd.govt.nz/documents/about-msd-and-our-work/work-programmes/initiatives/phrae/phrae-on-apage.pdf 58 https://dpup.sia.govt.nz/principles/manaakitanga/ 59 https://www.christchurchcall.com/ 60 https://www.dia.govt.nz/diawebsite.nsf/Files/Proactive-releases/$file/cabinet-material-relating-to-counteringviolent-extremism-online.pdf 61 https://thespinoff.co.nz/business/22-11-2019/nzs-internet-is-faster-than-ever-but-challenges-still-lay-ahead/ 13

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