Appendix 2: Copy of Submission to the Independent Review of Intelligence and Security Services Submission of Human Rights Commission Independent Review of Intelligence and Security Services 14 August 2015 Introduction 1. The Human Rights Commission welcomes the opportunity to provide this submission to the Independent Review of Intelligence and Security Services (‘the Review’). The Commission’s position can be summarised as follows: 1.1 The Commission considers that there is a strong case for substantial reform of New Zealand’s intelligence and security regime. Such reform should be guided by a principled yet pragmatic methodology that maximises public trust and confidence in the operations of our intelligence and securities agencies. The Commission endorses the principles designed by David Anderson QC1 and the Independent Surveillance Review Panel2 in their recent reviews of UK intelligence and security system as being instructive for this purpose. 1.2 Accordingly, the Commission considers that the societal challenges brought about by contemporary (and future) electronic surveillance and data interception technology requires that consideration be given to incorporating the right to privacy into New Zealand law through inclusion in the rights and freedoms protected under the New Zealand Bill of Rights Act 1990. 2. The Commission’s specific recommendations for the Reviewers to consider can be found at paragraph 19 below. 3. Human rights are of central importance when considering intelligence and security policy, practice and legislation. The Commission appreciates the interest the 1 David Anderson QC, A Question of Trust, Report of the Investigatory Powers Review, June 2015, https://terrorismlegislationreviewer.independent.gov.uk/wp-content/uploads/2015/06/IPR-Report-Print-Version.pdf 2 Independent Surveillance Review, A Democratic License to Operate, Report of the Independent Surveillance Review, Royal United Services Institute for Defence and Security Studies, July 2015, https://www.rusi.org/downloads/assets/ISR-Reportpress.pdf