NZSIS response to IGIS inquiry into disclosing incidentally obtained information to Police

Statement attributable to a spokesperson for the NZSIS:

The NZSIS welcomes the Inspector-General of Intelligence and Security’s review of the framework for disclosing incidentally obtained information on serious crime to Police.

Under the Intelligence and Security Act, the NZSIS has a discretion to retain and disclose such information to Police. If considering disclosure, it must be in order to assist in preventing or detecting serious crime or threats to life or to the security or defence of New Zealand or another country.

The Inspector-General’s inquiry report notes there are no fundamental flaws with the NZSIS framework, which sets out the policies around how and when the NZSIS disclose incidentally obtained information to Police. The inquiry report highlights the balance required in any decision to disclose information to Police, and that in the cases examined by the Inspector-General, the NZSIS approached decisions in a “considered manner and exercised its discretion appropriately”.

The Inspector-General also notes that there is good reason for the intelligence agencies to have discretion around disclosure, as in doing so may disrupt intelligence operations and cause targets to “go dark” or accelerate plans to cause harm.

The NZSIS accepts all of the Inspector-General’s recommendations and has already commenced its work in response.