The New Zealand Police Association rejects the findings of the IPCA and Privacy Commissioner inquiry into Police conduct
when photographing members of the public.
Police Association president Chris Cahill says the report is out of step with what police officers need to do every day
to protect New Zealanders from becoming victims of crime.
"The report appears to be based on anecdotes and a few poor examples of practice. It should be based on evidence and an
understanding of how most police officers actually operate," Mr Cahill says.
"Most importantly, the report’s key findings represent a serious misunderstanding of what constitutes biometric data. As
such, the report is fatally flawed and should be withdrawn immediately."
Mr Cahill says the assertion that a photograph of a person constitutes biometric data is incorrect and even the Privacy
Commissioner’s own explanation of biometrics confirms this.
"A photograph is not personal information and therefore police taking and storing photographic images does not fall
under the Privacy Act. This renders most of the report worthless.
"Further, the assertion by the IPCA that Police cannot take voluntary fingerprints from youths is ridiculous and if
permitted to stand would deny justice to hundreds, if not thousands, of victims of crime" Mr Cahill says.
The Police Association is aware of large numbers of positive fingerprint hits that identify offenders for burglaries,
stolen vehicles, thefts and potentially other more serious crimes that are not being acted on because of the erroneous
view of the IPCA.
Mr Cahill calls on the Police Commissioner to direct staff to act now based on these positive fingerprints and leave it
to the offenders identified to challenge the legality of this evidence in court, as is their right, and the correct
process to follow.
"New Zealanders are extremely concerned about the wave of crime across Aotearoa, much of it committed by youth
offenders. Correspondingly, police officers find it repugnant to not act on evidence that positively identifies
offenders.
"This is also failing youths involved in crime because when Police do not act early on the evidence they have, many of
these young people will continue to commit crimes. However, if Police intervene and stop them, they become eligible for
wrap-around support that could divert them away from further, often more serious, offending.
"If this report is not immediately withdrawn, I believe the Police commissioner should choose to ignore it so staff can
act fair and reasonably to deliver the level of service Kiwis expect and deserve," Mr Cahill concludes.