Thousands of motorists have had personal details sold to third parties, despite explicitly asking for privacy, more than two years after the law was changed to protect their information.
The New Zealand Transport Agency operates the Motor Vehicle Register, which records information about vehicles and their owners, including names, addresses and dates of birth. In May 2011, drivers were given the choice to "opt out" from having their details publicly available.
Assistant Privacy Commissioner Katrine Evans said one of the main catalysts was companies using addresses for direct marketing, but there were also real risks for individuals.
"We found that contact details were being used improperly, by violent former partners, or for criminal purposes," she said.
More than 92,000 New Zealanders have since opted for privacy, but data obtained from NZTA under the Official Information Act suggests it may have been in vain. The agency's whitelist of authorised organisations made 5864 requests for the details of opted-out drivers between May 2011 and June this year. Every single one was approved.
That means car dealers, finance companies, parking operators and dozens of other firms have unfettered access to personal information. Evans said the figures were concerning, and appeared to be inconsistent with the new rules.
"What we do need to do is actually look into it further, and confirm the process that NZTA's actually following."
Petrol stations, financial services and car dealers have a class exemption from the rules, while another 31 companies and individuals have authorised access.
NZTA clips the ticket on every request for information, generating $229,000 in the last financial year. The agency could not provide records of how many non-authorised applicants had successfully been given the details of opted-out drivers.
An industry source, who did not want to be named, said criminals and private investigators had no trouble accessing the register.
They simply piggybacked off the open access provided to authorised organisations, especially car dealers, the source said.
"If I wanted some info I could go down to Barrys Point Rd, or wherever. You've got every gang in New Zealand [tracing people's addresses]. You're not going to tell me the Headhunters don't know a car dealer."
Evans said privacy interests of people on the register was "very strong", and there was meant to be a high threshold for the release of information. "If the personal details of people who've opted off the register are readily available by another route . . . the danger is that could undermine the point of the protection," she said.
The Automobile Association intends to formally raise its own concerns with the NZTA, and will ask for a review of its processes.
Principal regulations adviser Mark Stockdale said AA members had complained that companies were using the register to contact them over private disputes, including debt collection. "That is contrary to the intent of the legislation," he said.
The Land Transport Act says information can be released only for law enforcement, national security, collection of authorised charges, and administration. "The people who opt out - that information should really only be made available to the police, and traffic enforcement and things like that," said Stockdale.
The Sunday Star-Times also requested a copy of the guidelines that NZTA staff use to decide whether to release information.
The document says non-consent "is an important consideration", but doesn't mean people can veto the decision. It outlines various justifications that can be used to override people's privacy.
Finance companies, for example, could possibly use the register to repossess vehicles because it "allows them to uphold the maintenance of the law". It even states market researchers might have a public interest argument otherwise products could become "less well-aligned to consumer preferences".
The NZTA did not respond to a request for an interview.
