Information privacy and electronic surveillance : a study of policy networks and recent legislation in New Zealand

Abstract

This research investigates information privacy issues in New Zealand through an examination of the role of Internet service providers (ISPs) in privacy policy networks. In order to analyses this role, the progress of two items of legislation which would have a significant impact upon ISPs, the Crimes Amendment Act (No.6) SOP 85 and the Telecommunications (Interception Capability) Bill were considered. These items of legislation related to the interception requirements of surveillance agencies with regard to electronic data, and were to place requirements on ISPs to assist these agencies in the carrying out of their duties. Data was collected through interviews with subjects with knowledge of these networks, and through the consideration of key documents. Two theoretical frameworks were employed to analyse the data collected: policy network theory and critical policy analysis. New Zealand Police, the Ministry of Justice and the Ministry of Commerce were shown to play important roles in the network, while ISPs were shown to play only a minor role. These networks were shown to be global in nature, and the role of the United States organisation ILETS (International Law Enforcement Telecommunications Seminar) was identified as having played a highly significant role in the development of the legislation that was being researched.