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/
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