The Citizen and the Automated State: Exploring the Implications of Algorithmic Decision-making in the New Zealand Public Sector

<p>Algorithms increasingly influence how the state treats its citizens. This thesis examines how the New Zealand public sector’s use of algorithms in decision-making brings benefits, but also invites risks of discrimination, bias, intrusion into privacy and unfair decision-making. This thesis’s central conclusion is that these risks require a new response. New Zealand currently has a patchwork of existing protections which provide some deterrent against poor algorithmic decision-making. The Privacy Act 1993, Official Information Act 1982, New Zealand Bill of Rights Act 1990, Human Rights Act 1993 and applicable administrative law principles can provide remedies and correct agencies’ poor behaviour in certain cases. But important gaps remain. This thesis examines these protections to show that they do not adequately stem cumulative and systemic harms, and suffer from important practical drawbacks. They do not provide the sound preventative framework that is needed; that is, one which ensures good public sector practice. This thesis proposes a new regulatory model for public sector use of algorithms. It argues that a key element of any effective regulatory response is the use of “algorithmic impact assessments”. These assessments would mitigate potential risks, and legitimise proportionate public sector use, of algorithms. It is also proposed that an independent regulator complements these assessments by issuing guidance, undertaking algorithm audits, and ensuring political accountability through annual reporting to Parliament. Agencies would have new obligations to disclose how and when algorithms are used in decision-making. Meanwhile, citizens would gain an enhanced right to reasons for algorithmic decisions affecting them and a right to human review. Together these measures would establish a model which would safeguard responsible and effective use of algorithms in New Zealand’s public sector.</p>

The Citizen and the Automated State: Exploring the Implications of Algorithmic Decision-making in the New Zealand Public Sector

<p>Algorithms increasingly influence how the state treats its citizens. This thesis examines how the New Zealand public sector’s use of algorithms in decision-making brings benefits, but also invites risks of discrimination, bias, intrusion into privacy and unfair decision-making. This thesis’s central conclusion is that these risks require a new response. New Zealand currently has a patchwork of existing protections which provide some deterrent against poor algorithmic decision-making. The Privacy Act 1993, Official Information Act 1982, New Zealand Bill of Rights Act 1990, Human Rights Act 1993 and applicable administrative law principles can provide remedies and correct agencies’ poor behaviour in certain cases. But important gaps remain. This thesis examines these protections to show that they do not adequately stem cumulative and systemic harms, and suffer from important practical drawbacks. They do not provide the sound preventative framework that is needed; that is, one which ensures good public sector practice. This thesis proposes a new regulatory model for public sector use of algorithms. It argues that a key element of any effective regulatory response is the use of “algorithmic impact assessments”. These assessments would mitigate potential risks, and legitimise proportionate public sector use, of algorithms. It is also proposed that an independent regulator complements these assessments by issuing guidance, undertaking algorithm audits, and ensuring political accountability through annual reporting to Parliament. Agencies would have new obligations to disclose how and when algorithms are used in decision-making. Meanwhile, citizens would gain an enhanced right to reasons for algorithmic decisions affecting them and a right to human review. Together these measures would establish a model which would safeguard responsible and effective use of algorithms in New Zealand’s public sector.</p>

Collaboration in the process of legislative lobbying: A study of a disabled peoples organisation lobbying for change in New Zealand 1989-1993

<p>This thesis examines lobbying from the disabled people’s organisation Disabled Persons Assembly (DPA) NZ from 1989 until 1993. It explores how the organisation conducted lobbying activities with respect to two pieces of New Zealand legislation with constitutional significance: The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. This thesis places the plight of minority groups within the political process squarely under the research microscope and asks: what factors explain the different outcomes to the DPA’s lobbying efforts to the Bill of Rights in 1990 and the Human Rights Act in 1993? More specifically it examines the DPA’s decision to collaborate with the New Zealand Aids Foundation (AF) during the 1993 Human Rights Act campaign. Collaboration with the AF was a controversial decision that resulted in heated discussions within DPA. Some members were concerned about the political risks of aligning with the AF. DPA leadership however saw a possibility for broad human rights legislation, and took the decision to collaborate. They were convinced that collaboration would bring benefits in the form of greater resources, access to Parliament and better relationships with the media which would all lead to an enhanced capacity to make the case to the public. The thesis argues that by working with the AF, DPA was able to change its lobbying narrative from one solely focussed upon disability rights to one that broadened out to broader human rights protections. DPA was not positioning itself as a minority group arguing for narrow exceptions to existing legislation, a tactic it had pursued in previous campaigns. The campaign proved successful, gaining support from MP’s, as the Human Rights Act was perceived to have public support. The thesis also shows that to understand DPA’s successful strategy it needs to be seen in the context of a failed effort from a previous campaign. DPA’s campaign to lobby for the 1993 Human Rights Act began from the point of an unsuccessful fight to have disability rights included in the 1990 Bill of Rights. DPA was, in effect, ‘locked in’ to fighting the 1993 campaign from that point.</p>

Collaboration in the process of legislative lobbying: A study of a disabled peoples organisation lobbying for change in New Zealand 1989-1993

<p>This thesis examines lobbying from the disabled people’s organisation Disabled Persons Assembly (DPA) NZ from 1989 until 1993. It explores how the organisation conducted lobbying activities with respect to two pieces of New Zealand legislation with constitutional significance: The New Zealand Bill of Rights Act 1990 and the Human Rights Act 1993. This thesis places the plight of minority groups within the political process squarely under the research microscope and asks: what factors explain the different outcomes to the DPA’s lobbying efforts to the Bill of Rights in 1990 and the Human Rights Act in 1993? More specifically it examines the DPA’s decision to collaborate with the New Zealand Aids Foundation (AF) during the 1993 Human Rights Act campaign. Collaboration with the AF was a controversial decision that resulted in heated discussions within DPA. Some members were concerned about the political risks of aligning with the AF. DPA leadership however saw a possibility for broad human rights legislation, and took the decision to collaborate. They were convinced that collaboration would bring benefits in the form of greater resources, access to Parliament and better relationships with the media which would all lead to an enhanced capacity to make the case to the public. The thesis argues that by working with the AF, DPA was able to change its lobbying narrative from one solely focussed upon disability rights to one that broadened out to broader human rights protections. DPA was not positioning itself as a minority group arguing for narrow exceptions to existing legislation, a tactic it had pursued in previous campaigns. The campaign proved successful, gaining support from MP’s, as the Human Rights Act was perceived to have public support. The thesis also shows that to understand DPA’s successful strategy it needs to be seen in the context of a failed effort from a previous campaign. DPA’s campaign to lobby for the 1993 Human Rights Act began from the point of an unsuccessful fight to have disability rights included in the 1990 Bill of Rights. DPA was, in effect, ‘locked in’ to fighting the 1993 campaign from that point.</p>

Religious vilification laws in New Zealand: Should the freedom of expression be taken as gospel?

<p>With ever-increasing multiculturalism and diversity within New Zealand, this paper explores the potential for religious vilification laws to be passed in order to promote community tolerance. New Zealand’s Human Rights Act 1993 includes both civil and criminal offences for the incitement of hostility on the grounds of race. There is no commensurate provision protecting religion. This paper considers the harm that religious vilification laws seek to remedy, and whether their efficacy in preventing this harm is proportionate to the incursion upon the freedom of expression. Ultimately, it suggests that while there are real harms associated with religious hate speech, the adversarial legal system is a flawed instrument through which to deal with it.</p>

Religious vilification laws in New Zealand: Should the freedom of expression be taken as gospel?

<p>With ever-increasing multiculturalism and diversity within New Zealand, this paper explores the potential for religious vilification laws to be passed in order to promote community tolerance. New Zealand’s Human Rights Act 1993 includes both civil and criminal offences for the incitement of hostility on the grounds of race. There is no commensurate provision protecting religion. This paper considers the harm that religious vilification laws seek to remedy, and whether their efficacy in preventing this harm is proportionate to the incursion upon the freedom of expression. Ultimately, it suggests that while there are real harms associated with religious hate speech, the adversarial legal system is a flawed instrument through which to deal with it.</p>

Genetic profiling: A legal framework to embrace the challenges

<p>The current issues surrounding the use of genetic profiling technologies in New Zealand are analysed and compared with other jurisdictions, resulting in a number of key recommendations for the legal framework. An amendment to the Human Rights Act, review of the Health Information Privacy Code and an increased role for the Insurance and Savings Ombudsman are discussed in light of the developments in other jurisdictions. The implementation of a genetic database registration system and the development of policies to guide employers, insurers and health professionals on acceptable uses of genetic profile information are presented as recommendations to improve the current approaches. The establishment of an Advisory Body would ensure that safeguards against discrimination continue to be fair and effective, keeping pace with the rapid advancements in this field. The increased availability and the more acceptable costing are making the use of genetic profiling technology attractive. This is contributing further to the legal challenges, particularly when combined with the increasing range of applications for the data provided, in such diverse fields as the insurance industry, employment, personalised pharmaceuticals and the use of genetic databases. It is seen as essential that the legal framework promotes and supports the public in their access and use of genetic profiling technologies. These developments promise to be important and at the forefront of future heath care in New Zealand.</p>

Genetic profiling: A legal framework to embrace the challenges

<p>The current issues surrounding the use of genetic profiling technologies in New Zealand are analysed and compared with other jurisdictions, resulting in a number of key recommendations for the legal framework. An amendment to the Human Rights Act, review of the Health Information Privacy Code and an increased role for the Insurance and Savings Ombudsman are discussed in light of the developments in other jurisdictions. The implementation of a genetic database registration system and the development of policies to guide employers, insurers and health professionals on acceptable uses of genetic profile information are presented as recommendations to improve the current approaches. The establishment of an Advisory Body would ensure that safeguards against discrimination continue to be fair and effective, keeping pace with the rapid advancements in this field. The increased availability and the more acceptable costing are making the use of genetic profiling technology attractive. This is contributing further to the legal challenges, particularly when combined with the increasing range of applications for the data provided, in such diverse fields as the insurance industry, employment, personalised pharmaceuticals and the use of genetic databases. It is seen as essential that the legal framework promotes and supports the public in their access and use of genetic profiling technologies. These developments promise to be important and at the forefront of future heath care in New Zealand.</p>

Domestic workers in New Zealand and the implications of International Labour Organization Convention No. 189

<p>There are an estimated 52.6 million domestic workers in the world, 83 per cent of whom are women, and many of whom work in poor conditions for low pay. Globally, domestic work is an under-regulated and under-valued sector. In an effort to address the precariousness of domestic work, the International Labour Organization adopted Convention No 189, concerning decent work for domestic workers. The Convention came into force on 5 September 2013. It provides for global minimum standards in areas in respect to which domestic workers should enjoy employment and social protection. The rights of domestic workers in New Zealand are addressed in a number of pieces of legislation, including the Employment Relations Act 2000, the Health and Safety in Employment Act 1992, and the Human Rights Act 1993. Although some categories of domestic worker receive protection under the legislation, others do not. This paper argues that the coverage of domestic workers in New Zealand is confusing and incomplete. For many domestic workers in New Zealand low pay and poor working conditions are a reality. If New Zealand’s domestic workers are to receive the same protection as other New Zealand employees and those domestic workers in nations that have ratified Convention No 189, then ratification of the Convention and associated domestic legislative change may be necessary to bring domestic law into line with international labour law. In the absence of ratification there are a number of options that could be pursued to improve the working lives of domestic workers in New Zealand.</p>

Domestic workers in New Zealand and the implications of International Labour Organization Convention No. 189

<p>There are an estimated 52.6 million domestic workers in the world, 83 per cent of whom are women, and many of whom work in poor conditions for low pay. Globally, domestic work is an under-regulated and under-valued sector. In an effort to address the precariousness of domestic work, the International Labour Organization adopted Convention No 189, concerning decent work for domestic workers. The Convention came into force on 5 September 2013. It provides for global minimum standards in areas in respect to which domestic workers should enjoy employment and social protection. The rights of domestic workers in New Zealand are addressed in a number of pieces of legislation, including the Employment Relations Act 2000, the Health and Safety in Employment Act 1992, and the Human Rights Act 1993. Although some categories of domestic worker receive protection under the legislation, others do not. This paper argues that the coverage of domestic workers in New Zealand is confusing and incomplete. For many domestic workers in New Zealand low pay and poor working conditions are a reality. If New Zealand’s domestic workers are to receive the same protection as other New Zealand employees and those domestic workers in nations that have ratified Convention No 189, then ratification of the Convention and associated domestic legislative change may be necessary to bring domestic law into line with international labour law. In the absence of ratification there are a number of options that could be pursued to improve the working lives of domestic workers in New Zealand.</p>