Background - Office of the Privacy Commissioner

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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:
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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)
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Principal Responsibilities
Responsibility
TEAM LEADING
Key Result Areas
It is the responsibility of the Team Leader (Technology), in
consultation with the Assistant Commissioner:
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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)
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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)
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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)
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UNIQUE
IDENTIFIERS
With respect to the function in s.13(1)(c) of the Privacy Act:
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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)
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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.
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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)
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