By Angela Beswick and Lloyd Burr
An independent report into the Government Communications Security Bureau (GCSB) surveillance of Kim Dotcom and an associate has identified two failings.
The report, compiled by the Inspector-General of Intelligence and Security Paul Neazor, found the GCSB did not thoroughly check information provided to it by the police about Dotcom’s residency status.
Mr Neazor also found the GCSB did not interpret the law around surveillance correctly.
“In this case it was recognised that Kim Dotcom was not a New Zealand citizen. He was classed as the holder of a residence class visa in a particular category, but it was not apparent to the police of GCSB that he thereby fell into a protected category,” Mr Neazor says.
Police documents about the raid on Dotcom’s mansion explicitly state he is a New Zealand resident. Mr Neazor says the failure of the GCSB to double check the information police gave them was also a factor.
“Because he should have been regarded in such a category, collection was not allowed under the GCSB Act and in that way, illegal,” he says .
The report says the spying on Dotcom had concluded before the GCSB realised what they did was illegal and the information they gathered did not relate to the United States case against him.
The director of the GCSB, Ian Fletcher, has this afternoon apologised for the way the bureau handled the case.
“We got this wrong,” he said.
“Both factual errors and unacceptable errors of legal interpretation were compounded, most especially by our treating those interpretations as fact for too long. It should not have happened.”
Prime Minister John Key welcomed the report’s findings into the “unlawful interception of communications of certain individuals involved in the Megaupload case”.
Mr Key has sought an assurance that there are no other cases of people’s communications being intercepted unlawfully. As a result, the GCSB will be reviewing past cases back to 2009 when the Immigration Act was changed, and will report to Mr Key and the Inspector-General as soon as possible.
The GCSB will also:
- Establish new approval processes in the support of Police and other law enforcement agencies. This type of operation is halted meanwhile;
- Agree with Police and other law enforcement agencies how to confirm immigration status, before operations in support of law enforcement activity are undertaken within New Zealand.
Proposed changes will be submitted by the GCSB to the Inspector-General in advance of their implementation.
“I have been assured by the director that these changes will be implemented as quickly as possible,” says Mr Key.
“I would like to place on record my thanks to the Inspector-General for compiling this report in a prompt manner. I also believe it is important to place on the record that the unlawful activity occurred before the current director took up his role.”
Mr Fletcher says he knows it will take time for the bureau to regain the trust and confidence that has been lost.
“But I also know that we will be able to do so, and be able to re-establish the high standard of accountability expected of us.”
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