GCSB Changes

John Key has announced the following changes to the Bill after negotiations with and :

  • A set of guiding principles will be added, in line with requests from Mr Banks and Mr Dunne.
  • The Inspector General will be supported by a two-person advisory panel.
  • The removal of the proposed Order in Council mechanism which would have allowed other agencies to be added to the list of agencies able to request assistance from the GCSB. Any additions beyond the Police, NZSIS and NZ Defence Force will now be required to be made by a specific amendment to the legislation.
  • To ensure effective oversight in the issuing of a warrant, the Bill will be amended so the Inspector General is informed when a warrant is put on the register relating to a New Zealander.
  • The GCSB will be required to report annually on the total number of instances where it has provided assistance to the Police, NZSIS or NZ Defence Force.
  • The GCSB will also be required to report annually on the number of warrants and authorisations issued.
  • The Intelligence and Security Committee will hold public hearings annually to discuss the financial reviews of the performance of the GCSB and the NZSIS.
  • There will be an independent review of the operations and performance of the GCSB and NZSIS and their governing legislation in 2015, and thereafter every 5-7 years.
  • Mr Dunne will have a role in the Government’s upcoming work to address the Law Commission’s 2010 report Invasion of Privacy: Penalties and Remedies. This work will include a review of the definition of ‘private communication’, which was highlighted as an issue by submitters on the GCSB legislation.

These are good changes. I had talked on TV about one area of concern being the proposed ability for the Govt to add other agencies onto the list of agencies the GCSB can assist with interceptions. Having Parliament, not the Government, make any changes is desirable.

Despite these significant changes, Labour appears to still be voting with the Greens against the bill. Ironic as it was a Labour Government that caused this problem with their 2003 law change.

Dunne and Banks have shown how you can have a constructive role in improving legislation.

Also the Herald reports:

Mr Key said today that he did not believe that the GCSB had engaged in the mass collection of metadata and he confirmed that it should be treated the same as communication and any collection of it would require a warrant. He planned to make a clear statement about it in the bill’s second reading.

Also welcome.

 

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