The New Zealand Security Intelligence Service has allegedly been keeping tabs on particular academics, who charge the Privacy Commission with failing to distinguish national security from invasion of privacy.

Professor of Law at the University of Auckland, Dr. Jane Kelsey says she was targeted by the SIS. “[They] initially refused to confirm or deny whether they held any information on me, claiming that answering that question was itself likely to prejudice national security.” The SIS later conceded that they did have a file on her when her name was featured on three pages in the released file of MP Keith Locke.

Some released files on other academics include references to Kelsey and innocuous documents that presumably also appear on her file. Of those documents released “none could conceivably threaten national security”, she said.

“When I complained to the Privacy Commission, they upheld the SIS position.” The Privacy Commission claimed that releasing the file would disclose information on the NZSIS and jeopardise further NZSIS endeavours. They also claimed that the information held may not be sensitive, but the strategies for collecting it may be.

“Both agencies have clearly overstepped any reasonable interpretation of the ‘national security’ grounds for refusing to disclose documents” Kelsey said.

The SIS has a long history of spying on academics, some files dating back over 50 years. “The chilling effect of this kind of ‘intelligence’ is likely to intimidate young academics, students and public intellectuals from contributing to critical debate. Who wants to be spied on for doing their job?”