C
Children
81
Since 2011, the introduction of enhanced information sharing capabilities amongst
government agencies has given rise to issues pertaining to the rights of children to
privacy under Article 16.
82
Amendments made to the Privacy Act 1993 in 2012 have introduced Approved
Information Sharing Agreements (AISAs), a regulatory instrument that enables
government agencies to share personal information in circumstances that would
otherwise breach the Information Privacy Principles contained in the Privacy Act.
AISAs are developed via a robust statutory process that is overseen by the Privacy
Commissioner.
83
A Vulnerable Children’s AISA was developed and passed into regulation in 2015.
The AISA enables personal information on vulnerable children to be collected,
stored and shared between specified Government agencies through a Vulnerable
Children’s database and triage hub. The information is then used to inform the
delivery of services and interventions, including those of multi-disciplinary
Children’s Teams and improve inter-agency co-ordination.
84
The review of CYF also contemplates the introduction of predictive risk modelling
to identify children who may be at heightened risk of harm.36 Predictive risk
modelling assigns risk through an assessment of information regarding the child’s
family background and circumstances, such as the existence of previous child
protection interventions, drug or substance abuse and benefit history. It therefore
requires personal information about the child and their family history from relevant
agencies to be collected. The Commission has raised concerns with the
Government’s Advisory Expert Group on Information Security on the potentially
discriminatory impact of predictive risk modelling, particularly if it used to target
children of beneficiaries.
85
In addition, the rights of children under Article 16 have been more indirectly
engaged by a recent raft of interim legislation that has established extraordinary
mechanisms for countering foreign terrorist fighters and increasing governmental
powers of surveillance.37 An Independent Review of Security and Intelligence
services is currently ongoing and will be releasing its findings in February 2016. The
review is expected to result in a major overhaul of New Zealand’s intelligence and
security legislation and oversight mechanisms. To date, the potential impact of
these reforms of children, particularly the children of ethnic groups who may be
unduly targeted by surveillance powers, has not been accorded specific
consideration.
36
Terms of Reference for the Modernising Child, Youth and Family Expert Panel, page 2 and 4
37
See for example Countering Foreign Terrorist Fighters Bill 2014.
Page 25 of 93
Human Rights Commission submission to the Human Rights Committee in relation to New Zealand’s 6th periodic review under the ICCPR