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A data scientist questions where his sensitive personal data ended up after he applied for a government job.
National Crime Check says it uses a “verification tool” to “perform a biometric analysis of facial recognition” by comparing a person’s selfie with the one on their driving license and/or passport.
photo: 123RF
The company that conducted his criminal background check says on its website that it is linked to government databases, uses facial recognition technology, stores the personal data in Australia and may share it with recipients in the United States.
When Dr. Karaitiana Taiuru recently applied for a position at a government agency, he said he was asked by the recruitment consultant to send a selfie from his phone, as well as a photo of his passport or driver’s license.
He doesn’t think much of it – until later.
“It was only my own professional experience and curiosity that led me to suspect that there was some kind of AI process going on,” he said.
“Then I realized it was either facial recognition or some kind of AI… and that the data was not being held in New Zealand, nor was it held by the Department of Justice, but by an international company.”
The US-owned and Australian-based National Crime Check carries out criminal background checks on or for thousands of New Zealanders each year, as well as in Australia.
It is one of more than 3,000 entities registered to request checks on behalf of others through a system run by the Department of Justice.
Everyone signs a ministry contract to follow New Zealand’s privacy laws and other rules, in what is largely a self-regulated system.
Taiuru asked how the system works.
“My initial thought was ‘this is the Ministry of Justice, knowing the controversy with facial recognition, the issues with Maori data sovereignty.’
“To begin with, I just assumed it was stored in New Zealand and I would have privacy.”
He had to make the application quickly, so he went ahead, he said.
The National Crime Check website says applicants must submit a selfie of themselves holding their ID.
It’s about its “state-of-the-art verification tool that will perform biometric facial recognition analysis by comparing your face/selfie to the photo displayed on your driver’s license and/or passport.”
Data security is its top priority, he said.
“Our systems are linked to New Zealand government databases so you can quickly get accredited criminal record, visa and right-to-work checks,” the website says.
In response to an inquiry by RNZ, the Ministry of Justice said it was “not aware that they had made this allegation”.
“Being a registered third party does not provide a direct link to the department’s systems,” Tracy Baguley, acting group manager for national service delivery, said in a statement.
Rather, it allows the use to send up to 200 verification requests at once.
“If an incorrect statement advertised by a registered third party is brought to our attention, we may take action to ensure it is corrected.
“In this case the Department will follow up with a National Crime Check,” she said.
RNZ asked the National Crime Check about it.
The company declined an interview.
A statement said: “In fact, no one has access to the Department of Justice system.”
It has the authority to conduct criminal background checks on behalf of individuals through the Justice Department’s system, he said.
It also offers identity verification services, its website says.
The ministry is responsible for compliance but said it does not monitor what organizations say about their services.
Organizations self-assess for compliance once a year.
Although the criminal background check system requires a valid form of photo identification, the ministry said it does not use facial recognition and that it cannot comment on any registered third party that does.
National Crime Check told RNZ it uses something called “liveness detection” to check that the face in the selfie is a real face and that it is the face on the passport or driving licence.
Its online privacy policy states that the company may store biometric data.
“As of the date of this privacy policy, any personal information we hold about you will only be held in Australia,” it said.
However, he also added that the data may also be shared, disclosed or processed elsewhere, such as in the US, for certain purposes.
Having already shared his details and selfie through the ministry’s official system, Karaitiana Taiuru is not happy.
“I find it very disturbing,” he said.
“All our government departments have a duty to ensure our privacy to protect their data.
“And it almost seems like if they don’t have any knowledge, they can’t have any responsibility for what happens to our data.” And I certainly expect much more from our government agencies.”
National Crime Check’s parent company in the US, Sterling Check, says it conducts more than 95 million background checks, most in just one day.
In a statement Tuesday, Sterling Check said it and its companies took data privacy and compliance very seriously.
“We do not sell to third parties any information collected from their customers, prospects, sources, workers and/or website visitors,” the statement said.
“Any information collected is used to market and sell their services, to manage our business, and to provide background and identity screening services.”
It has just been certified in the UK to provide digital identity checks to British and Irish citizens, including criminal employment checks.
The UK government says it is “working to develop a digital identity market without the need for national ID cards”.
New Zealand is doing a lot of work on a digital identity framework and implementation, with new laws and technologies coming up.
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