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Urgent plea for Government intervention
UPDATE: Following the publication of this letter the Privacy Commissioner reached out to NZTech CEO Graeme Muller to assure our members that the process is far from finished, they are still reviewing the feedback and there will be further opportunities for stakeholders to engage.
Decisions regarding whether the biometrics code will proceed to the next phase are scheduled for later this year. If the Privacy Commissioner does decide to proceed, there will be further opportunity for agencies, individuals and other stakeholders to have their say on the proposed code as part of a process of statutory consultation.
Given how important biometrics are for privacy, productivity and economic growth, NZTech looks forward to the OPC publishing their proposed next steps and engaging in some real consultation with experts in biometrics.
NZTech has written an open letter to New Zealand Government officials, expressing serious concerns about the Office of the Privacy Commissioner’s (OPC) proposed Code of Practice for biometrics.
“We believe the code could have significant negative effects on businesses, innovation and the economy,” says NZTech’s CEO Graeme Muller.
“The code, which restricts the use of biometrics, including AI and health data, is seen as overly prohibitive and lacking flexibility. Our input during consultations has been ignored, despite representing a significant portion of the tech sector.”
The code’s broad definitions and unclear provision will stifle innovation, especially in AI and wearable health devices, and create compliance uncertainties. Additionally, the code could drive tech businesses out of New Zealand due to its restrictive nature.
NZTech’s key concerns regarding the proposed Code of Practice for biometrics include:
- restricting artificial intelligence (AI)
- restricting collection of health information (no consent exception)
- biometric classification
- difference from existing OPC codes
- code purports to modify primary legislation
- code does not respond to actual threats to privacy
- unintended harmful consequences
“The code’s muddled rules, definitions and exceptions will make risk assessments too difficult and arguably defeat the purpose of the OPC issuing a code of practice – to provide clarity and certainty to industry and the public,” says Graeme Muller.
“The irony is that biometrics have the potential to preserve anonymity, so impeding investment decisions will prevent businesses from making privacy improvements.”
“The threat to business and the economy posed by the OPC’s proposed Code of Practice is real. We have exhausted opportunities for consultation and have little confidence that the OPC will address our concerns.”
“We urgently seek your support in halting its introduction to allow stakeholders to re-engage in constructive dialogue and work towards a mutually beneficial solution that benefits the country as a whole,” says Graeme.
This open letter has been sent to:
- Hon. David Seymour, Minister for Regulation
- Hon. Judith Collins, Minister for Digitising Government; Minister of Science, Innovation and Technology
- Hon. Paul Goldsmith, Minister of Justice
- Hon. Andrew Bayly, Minister of Commerce and Consumer Affairs
- Hon. David Parker, Chairperson, Regulations Review Committee
- Ben King, Chief Executive, Department of the Prime Minister and Cabinet
For further information or an interview please contact:
Graeme Muller
Chief Executive
NZTech
Email: Graeme.muller@nztech.org.nz
Phone: +64 21 0252 0767
ABOUT NZTECH
NZTech is a not-for-profit, non-governmental (NGO) membership-funded organisation whose purpose is to help create a safer, more equitable, sustainable and prosperous Aotearoa New Zealand underpinned by good technology. We bring together the NZ Tech Alliance and represent 24 tech associations such as AgriTechNZ, BioTechNZ, FinTechNZ, the AI Forum, the NZ Game Developers Association, Digital Health, Digital Identity NZ and more. Collectively our 2500 members employ more than 10 percent of the workforce. Our members are startups, local tech firms, multinationals, education providers, financial institutions, major corporations, network providers, hi-tech manufacturers and government agencies that work closely with the tech ecosystem.
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