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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Retention and destruction of raw surveillance data, excerpts, and other information obtained

63: Retention of raw surveillance data, excerpts, and information obtained

You could also call this:

"How long police can keep information they collect when watching people"

When the police collect raw surveillance data, they can keep it until a criminal case is finished, including any appeals. This can take a long time, so they can keep the data until all the appeals are done or until the time to appeal has run out. You can think of an appeal like a chance for someone to say a decision was wrong and ask for it to be changed.

If no criminal case starts, the police can still keep the data for up to three years if they need it for an ongoing investigation. A Judge can let them keep the data for up to two more years if the police ask before the three years are up and the Judge thinks they still need the data. The police have to show the Judge that they really need the data for their investigation.

The police can also keep parts of the raw surveillance data, called excerpts, if a Judge says they can. The Judge will only say yes if the police ask and the Judge thinks the excerpts might be needed for a future investigation. The police can keep information they get from the raw surveillance data if they think it might be useful for an investigation now or later.

Any orders a Judge makes about keeping data can have conditions that the Judge thinks are reasonable. The police have to follow any directions given under section 61(1)(a) or section 62(1)(a), and they have to keep information that is part of a court record if the law says they must. This means the police have to be careful about what data they keep and for how long.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM3330218.

Topics:
Crime and justice > Police and safetyCrime and justice > Criminal lawRights and equality > Privacy
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62: Actions on receipt of report on use of surveillance device in situation of urgency or emergency, or

"What happens when a Judge gets a report about using a spy device in an emergency"

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64: Disposal of raw surveillance data, excerpts, and information obtained, or

"Getting rid of surveillance information that is no longer needed"

Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Retention and destruction of raw surveillance data, excerpts, and other information obtained

63Retention of raw surveillance data, excerpts, and information obtained

  1. Raw surveillance data may be retained by the law enforcement agency that collected it—

  2. until the conclusion of criminal proceedings in relation to an offence in respect of which the data was collected, including the later of—
    1. the conclusion of any appeal proceedings brought in relation to the offence; or
      1. the expiry of any period for bringing such an appeal; or
      2. until the later of a maximum period of 3 years, or any further period specified in an order made under subsection (2), if—
        1. no criminal proceedings have commenced in relation to any offence in respect of which the data was collected; but
          1. the data is required for an ongoing investigation by the agency.

          2. A Judge may make an order extending by no more than a further 2 years the period for which raw surveillance data may be retained by the agency in the circumstances in subsection (1)(b)(i) and (ii) if—

          3. the agency applies for the order before the expiry of the initial 3-year period; and
            1. the Judge is satisfied that the data is required for that ongoing investigation.

              1. Excerpts from raw surveillance data may be retained by the law enforcement agency that collected it in accordance with an order made by a Judge on application by the agency.

              2. A Judge may make an order under subsection (3) if—

              3. the law enforcement agency that collected the raw surveillance data applies for the order; and
                1. the Judge is satisfied that the excerpts may be required for a future investigation.

                  1. An order made under subsection (2) or (3) may be made subject to any condition specified in the order that the Judge issuing it considers reasonable.

                  2. Information that is obtained from raw surveillance data but that does not itself constitute raw surveillance data may be retained by the law enforcement agency that collected it if there are reasonable grounds to suspect that the information may be relevant to an ongoing or future investigation by the agency.

                  3. This section is subject to—

                  4. any direction given under section 61(1)(a) or 62(1)(a); and
                    1. any enactment requiring the retention of information that is part of a court record.