Legal protection for freedom of expression is not a barrier to intelligence collection that aims to discover terrorism threats, the Inspector-General of Intelligence and Security has concluded from a review.
The Inspector-General, Brendan Horsley, today published a report on a review of counter-terrorism and violent extremism “discovery” work by the New Zealand Security Intelligence Service (NZSIS). This work aims to identify potential threats to national security that may require investigation.
“A key question for this review was whether and how legal protection for freedom of expression in the Intelligence and Security Act affected the Service’s discovery work,” Mr Horsley said. “I have found that it has not been a barrier to the Service undertaking a wide variety of counter-terrorism discovery work.”
Section 19 of the Intelligence and Security Act 2017 protects freedom of expression, including the right to “advocate, protest or dissent”. It says the exercise of that right does not “of itself” justify an intelligence and security agency taking any action.
“In general I have found that the Service has taken a carefully constructed approach to assessing extremism and violent extremism, and identifying individuals or groups displaying behaviour of concern,” Mr Horsley said.
“I did however see two instances of intelligence collection, at a low level of intrusiveness, about the online activities of individuals and groups who were part of fringe political movements. I was concerned to find no record of the kind of careful consideration necessary before any such activity. The Service could only provide a retrospective explanation.”
“I expect to see the Service taking care, when scanning for possible national security threats, to avoid any appearance of singling out groups and people for attention purely because they have expressed strong or unorthodox views. I think it obvious it should be particularly careful before singling out specific political parties, lobby or campaign groups, or individuals prominent for their advocacy, protest or dissent.”
The Inspector-General recommended the Service amends its process for discovery projects to ensure early consideration of any issues with respect for freedom of expression. He also recommended NZSIS reviews its CT discovery resources, which include lists of behavioural indicators of security risk, to ensure they are fit for purpose.
The unclassified report is available on the IGIS website www.igis.govt.nz
Media contact (on behalf of the Inspector-General): Joe Locke, 021 636 416