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Telecommunications (Interception Capability and Security) Act 2013

Preliminary provisions - Purposes and principles

8: Principles relating to network security

You could also call this:

"Keeping Networks Secure: Fixing Risks Early"

Illustration for Telecommunications (Interception Capability and Security) Act 2013

You need to know about principles for keeping networks secure. The Director and network operators must identify and fix security risks early. They should work together to do this. You should understand that the Director must make decisions quickly when dealing with security risks under Part 3. The Minister must consider if a decision is proportionate to the security risk when making decisions under Part 3. This means the decision should not cost network operators or users more than necessary to fix the risk. The Minister must be satisfied that the costs are reasonable to prevent or fix the security risk. This helps keep networks secure without costing too much. The Director and network operators must follow these principles to keep networks safe.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM5178027.

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7: Purpose of this Act relating to network security, or

"Keeping New Zealand's phone and internet networks safe and secure"

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9: Network operators must ensure public telecommunications networks and telecommunications services have full interception capability, or

"Network operators must help police intercept telecommunications by making sure their networks can be tapped."

Part 1Preliminary provisions
Purposes and principles

8Principles relating to network security

  1. The following principles must, as far as practicable, be applied by the Director and each network operator in relation to network security risks:

  2. the principle that network security risks that might arise from a proposed decision, course of action, or change if implemented should be identified and addressed as early as possible:
    1. the principle that the Director and each network operator should work co-operatively and collaboratively with each other in relation to the principle in paragraph (a).

      1. The Director is subject to the principle that any decision or steps required of the Director for the purpose of exercising any function or power under Part 3 should, in the absence of any applicable regulations, be made or taken as soon as practicable.

      2. The Minister responsible for the Government Communications Security Bureau must, when making any decision or exercising any function or power under Part 3 in relation to a network security risk, have regard to the principle in subsection (4).

      3. The principle that the decision or exercise of the function or power should be proportionate to the network security risk.

      4. In subsection (4), a decision or an exercise of a function or power is proportionate to the network security risk if the Minister is satisfied that it does not impose costs on network operators, customers, or end-users beyond those reasonably required to enable the network security risk to be prevented, sufficiently mitigated, or removed.