Position Description Position Details Position Title: Team Leader (Technology) Reports to: Assistant Commissioner Location: Wellington Date Issued: September 2007 Background The office of the Privacy Commissioner is an independent Crown entity established by the Privacy Act 1993. The Privacy Commissioner reports to Parliament through the Minister of Justice (or Associate). The main purpose of the Privacy Act 1993 is to promote and protect individual privacy. The Privacy Commissioner monitors, researches and reports on matters relating to privacy, and has an educational and advocacy role in promoting the understanding, acceptance and protection of individual privacy. The Commissioner provides independent and impartial services to investigate and conciliate complaints of an interference with the privacy of an individual; scrutinises legislative and other proposals that may affect privacy; issues codes of practice; and assesses and monitors authorised information matching programmes carried out by government agencies. The Commissioner is also required to have due regard for the protection of important human rights and social interests that might compete with privacy. The work of the office of the Privacy Commissioner is encapsulated in its mission statement: “To promote and protect individual privacy by encouraging and sustaining a culture in New Zealand where personal information is protected and respected wherever it exists.” See also current Statement of Intent (available at www.privacy.org.nz). The Privacy Commissioner has offices in both Wellington and Auckland. Purpose and Role To assist the Privacy Commissioner in achieving her objectives, with special reference to: Leading the Technology team (a) To train, guide and supervise staff in the Technology Team, manage their workload and assess and report on their performance Information Matching (b) Functions under section 13(1)(f) and Part 10 of the Privacy Act 1993, and in particular: To ensure that proposals for new information matching programmes are examined and reported upon To ensure that the adherence of specified agencies to Part 10 of the Act is effectively monitored To ensure that reports and recommendations are prepared as anticipated by the Act or required by the Assistant Commissioner To ensure that suitable written materials are developed and utilised to promote compliance with Part 10 and to inform the public about information matching and its controls E-Government (c) To promote and protect privacy in e-government initiatives and, in particular, to monitor and contribute to the government authentication project in accordance with the Memorandum of Understanding between the State Services Commissioner and the Privacy Commissioner Technology and unique identifiers (d) Functions under s.13(1)(c), (j), (m), (n) and (s) of the Privacy Act, and in particular: To monitor the use of unique identifiers, and the operation of codes of practice affecting the use of unique identifiers To co-operate with others involved in the study and protection of privacy in relation to technology To keep the Telecommunications Information Privacy Code 2003 under review and offer recommendations for desirable amendments resulting from technological developments Where required by the Assistant Commissioner, to enquire into, or to assist investigation staff to enquire into, technical developments that may infringe the privacy of individuals Where required by the Assistant Commissioner, to undertake research into, and to monitor developments in, data processing and computer technology To gather such information on technology and privacy issues to ensure that the Technology Team can assist the Commissioner to carry out her functions Teamwork All members of the Commissioner’s staff are required to work co-operatively and collaboratively together as a team. In addition, as the office of the Privacy Commissioner is a small one, there is not always a rigid demarcation of duties and, as with all other staff, the Team Leader is expected to undertake such other duties and responsibilities as the Commissioner may reasonably request from time to time. PD –Team Leader Technology (Wellington) 2 Principal Responsibilities Responsibility TEAM LEADING Key Result Areas It is the responsibility of the Team Leader (Technology), in consultation with the Assistant Commissioner: supervise the staff, including monitoring correspondence and mentoring ensure that the staff are trained into the requirements of each position, including through appropriate induction and maintaining of professional development plans meet agreed performance targets and standards ensure that quality of work is maintained identify opportunities for process improvement and make recommendations to the Assistant Commissioner identify relevant technology-related projects that the staff, and Team Leader, can suitably undertake manage the workload of the staff prepare periodic reports to the Assistant Commissioner indicating progress in projects and status of work-in-hand and provide a summary of staff performance undertake performance reviews of staff recruit staff as required develop business plans as may be required for team projects and see the projects managed to successful completion INFORMATION MATCHING Guide the Data Matching Compliance staff in all aspects of Part 10 of the Act. General Promote co-operation and effective lines of communication with stakeholders and generally encourage best practice. Ensure that efficient and effective record-keeping systems are maintained. Proposals for new matches Keep the Information Matching Privacy Impact Assessment processes under review and ensure that they are appropriate, and effectively operated, to ensure proposed new programmes are reviewed under s.13(1)(f). Scrutinise proposed legislation providing for information matching, to ensure Commissioner is alerted to significant implications. PD –Team Leader Technology (Wellington) 3 Monitoring programmes Ensure that: information matching agreements are scrutinised for compliance with Part 10 Technical Standards Reports are scrutinised for compliance with the information matching rules Ensure that any application received under: s.102 for extension of time limits, or information matching rule 3 for on-line transfers is processed and presented to the Assistant Commissioner for determination. With respect to reporting requirements under s.104: review, and where appropriate standardise, general reporting requirements ensure that suitable reporting arrangements are established and adhered to for all programmes monitor the receipt of agency reports and ensure that they are analysed for errors, trends, and matters of interest ensure that data from reports is collated and analysed to enable Commissioner to report publicly on compliance, costs and benefits. Pro-actively identify areas of possible non-compliance, raise issues with Data Matching Compliance staff, Assistant Commissioner and agencies. Ensure that similar functions of assessment, monitoring and reporting are performed in relation to other data matching (e.g. under Social Welfare (Transitional Provisions) Act) and as provided in codes of practice. D. Reports and Ensure that draft reports and recommendations are prepared, for recommendations consideration by the Assistant Commissioner, in relation to: proposals for new information matching programmes – s.13(1)(f) annual reports – s.105 periodic review of statutory authorities information matching – s.106. Regularly report to the Assistant Commissioner on completed and forthcoming data matching work, the status of programmes and any matters of concern. Undertake, or assist with, ad hoc reviews of, or inquiries into, into aspects of information matching and its regulation. PD –Team Leader Technology (Wellington) 4 E-GOVERNMENT Identify privacy issues in e-government initiatives and work with relevant agencies to understand and resolve privacy problems While maintaining independence, and where appropriate and useful, ensure participation on e-government inter-agency teams and committees to increase the Commissioner’s understanding of e-government work and government agencies’ understanding of information privacy, with a view to promote and protect individual privacy. Participate in the Initial Implementation of the All-of-Government Authentication Project in accordance with the Memorandum of Understanding with the State Services Commissioner. In particular, ensure: close liaison with the e-government unit of the State Services Commission (SSC) that appropriate documentation is received from SSC, and where received is reviewed attendance at relevant steering or reference group meetings (where warranted) responses are provided to SSC enquiries advice is provided, where requested, to SSC in establishing background systems (e.g. in relation to compliance monitoring, education programmes, privacy impact assessment) liaison with other stakeholders (e.g. Department of Internal Affairs, Ombudsmen) the Privacy Commissioner is assisted in any public statements about the Initial Implementation work, including ensuring that appropriate notification is given to SSC. Ensure that an appropriate level of expertise is maintained in the relevant technologies and their privacy implications. Regularly report to the Assistant Commissioner on the Team’s completed and forthcoming work and the status of the egovernment initiatives. Ensure that such documentation and reports as may be required by the Assistant Commissioner are prepared, such as: material for the annual report public information sheets. PD –Team Leader Technology (Wellington) 5 UNIQUE IDENTIFIERS With respect to the function in s.13(1)(c) of the Privacy Act: TECHNOLOGY maintain a general watching brief on the Office’s activities in relation to unique identifiers under information privacy principle 12, information matching rule 2, codes of practice and otherwise ensure that an accessible repository of specialist resource on unique identifiers and privacy is maintained ensure that special projects (as determined by the Assistant Commissioner) are undertaken to monitor the use of particular unique identifiers, or unique identifiers generally, including reporting on the results of such monitoring ensure that suitable public information and agency guidance materials (such as fact sheets) are available. With respect to the function in s.13(1)(j), promote cooperation with others involved in the study and protection of privacy in relation to technology including, for example, by: fostering links with experts in universities in disciplines such as computer science and information management contributing to the work of the International Working Group on Data Protection in Telecommunications encouraging the use of privacy impact assessment in accordance with the Privacy Impact Assessment Handbook and reviewing privacy impact reports submitted to the office involvement in domestic and international standard setting. With respect to the function in s.13(1)(m), ensure that inquiries are undertaken into particular technical developments (as specified by the Assistant Commissioner). With respect to the function under s.13(1)(n), undertake, or supervise, projects (as directed by the Assistant Commissioner) involving research into, and the monitoring of developments in, data processing and computer technology. Keep the Telecommunications Information Privacy Code 2003 under review and to offer recommendations to the Assistant Commissioner for desirable amendments resulting from technological developments. With respect to the function under s.13(1)(s), gather useful information on technology and privacy issues to assist the Commissioner to carry out her functions. PD –Team Leader Technology (Wellington) 6 OTHER FUNCTIONS AND ACTIVITIES To assist in other activities of the office as directed by the Assistant Commissioner, including, but without limitation to, the areas of: complaints education and publicity public and agency enquiries codes of practice proposed legislation media enquiries audit in particular where these may have features relevant to the Office’s information matching, e-government, unique identifier or technology work. To occasionally undertake public speaking on the work of the office. To acquire and maintain a good working knowledge of any legislation which defines or affects activities which fall within the sphere of responsibilities. Delegations Human Resources Nil Financial Nil Limits on Authority No statement is to be issued to the news media or any information released to the general public without the prior approval of the Privacy Commissioner. Any significant departure from approved or accepted work practice or procedure is first to be discussed and agreed with the General Manager or Privacy Commissioner. There is no authority to enter into any ongoing contract that may in any way be binding on the Privacy Commissioner, without the prior approval of the Commissioner or the General Manager. The booking of venues, travel or accommodation must be within the limits or guidelines established by the Commissioner or General Manager. Key Requirements The Team Leader (Technology) will have: excellent analytical skills excellent written and oral expression skills good level of numeracy an inquiring mind a keen interest in the interaction between technology and people relevant qualifications common sense and sound judgment the ability to work productively and to ensure that the team does so also. PD –Team Leader Technology (Wellington) 7 Key Competencies Self-Management Analytical Skills Communication Skills Technology Skills Knowledge Management Professionalism Self-motivated and self-driven, understands and accepts responsibility for own performance requirements Plans, organises and prioritises work effectively, is motivated to find solutions to problems, and is results-driven Applies intellectual rigour to researching and analysing complex issues systematically and comprehensively Provides robust, well thought out conclusions supported by relevant data Communicates clearly and concisely, both orally and in writing, and is an active listener Delivers presentations effectively and can use a range of presentation methods and media Competently uses equipment and software to produce own work and (ideally) is familiar with Microsoft Office applications and can familiarise yourself with the office electronic document management system (Objective) Records, classifies and communicates knowledge and information to others, as required, including recording the right information in the right place at the right time Maintains and enhances knowledge by actively keeping up-todate with developments Participates actively in training and development opportunities Displays highest standards of personal integrity, honesty and conduct Exercises discretion at all times, particularly in dealing with sensitive or confidential material Works as a team member and demonstrates collegiality through knowledge sharing and excellent work relationships Displays a positive attitude to change, adapts readily, and initiates changes as required Develops and maintains constructive working relationships with internal and external stakeholders Use of language, demeanour and personal presentation all reflect a professional outlook PD –Team Leader Technology (Wellington) 8