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Electronic Identity Verification Bill (Consistent) [2011] NZBORARp 30 (16 August 2011)

Last Updated: 29 April 2019

Electronic Identity Verification Bill

16 August 2011 ATTORNEY-GENERAL

LEGAL ADVICE

CONSISTENCY WITH THE NEW ZEALAND BILL OF RIGHTS ACT 1990:

ELECTRONIC IDENTITY VERIFICATION BILL

1. We have considered whether the Electronic Identity Verification Bill (PCO 13473/9.1) (the Bill) is consistent with the New Zealand Bill of Rights Act 1990 (the Bill of Rights Act). We understand that the Bill will be considered by the Cabinet Legislation Committee at its meeting on Thursday, 18 August 2011.
2. The Bill’s purpose is to facilitate secure interactions (particularly online interactions)

between individuals on the one hand, and agencies on the other, by enabling individuals’

identities to be verified by electronic means.

3. To achieve its purpose the Bill:
   

• ensures that participating agencies can achieve a high degree of confidence in an individual’s identity by providing the individual with the option of verifying his or her identity authoritatively and in real time by electronic means if a degree of confidence is necessary for the interaction between the participating agency and the individual; and
• provides for a whole of government shared service to enable a centralised approach to be

taken in relation to the verification of an individual’s identity by electronic means while protecting the individual’s privacy.

• The Bill outlines the purposes and boundaries of, as well as regulates the administration and application of, the Electronic Identity Verification Service (the Service). The Service is the same service as the Identity Verification Service (the “igovt identity verification service”) that has been in operation since December 2009 and administered by the Department of Internal Affairs (the Department). The Service provides individuals with the option of a quick, easy and secure way to verify their identity via the internet. The Service will be expanded through the Bill’s provision, to be made available to the general public and will involve a wider range of organisations.
• If an individual chooses to apply to use the Service, an electronic record of a small amount of personal information will be created and held by the Service, which is operated by the Department. The individual will be able to authorise the release of the stored identity information to an authorised agency. His or her identity will then be authenticated using an identifier or code that is unique to the authorised agency. This approach is designed to prevent unauthorised use and sharing of the information by agencies.
  
• In order to deter abuse of the Service, the Bill also creates specific offences and penalties relating

to the improper use of individuals’ identity information.

• Use of the Service is optional, and other ways of interacting with agencies remain available.

Agencies authorised to verify individuals’ identity information through the Service will be listed in regulations. The Bill allows both public and private sector agencies to be listed.

• To help ensure the integrity of the Service, the Bill allows individuals’ personal information to be checked against information held on specified government registers and databases, or against information held by public sector or private sector agencies that are listed in the regulations.
  
• We have concluded that the Bill appears to be consistent with the rights and freedoms affirmed in the Bill of Rights Act. This advice has been prepared by the Public Law Group and the Office of Legal Counsel.
  

Jeff Orr

Chief Legal Counsel Office of Legal Counsel

In addition to the general disclaimer for all documents on this website, please note the following: This advice was prepared to assist the Attorney-General to determine whether a report should be made to Parliament under s 7 of the New Zealand Bill of Rights Act 1990 in relation to the Electronic Identity Verification Bill. It should not be used or acted upon for any other purpose. The advice does no more than assess whether the Bill complies with the minimum guarantees contained in the New Zealand Bill of Rights Act. The release of this advice should not be taken to indicate that the Attorney-General agrees with all aspects of it, nor does its release constitute a general waiver of legal professional privilege in respect of this or any other matter. Whilst care has been taken to ensure that this document is an accurate reproduction of the advice provided to the Attorney- General, neither the Ministry of Justice nor the Crown Law Office accepts any liability for any errors or omissions.