Terms of reference for independent review released

Justice Centre

The Treasury and the ACC Board today released the terms of reference for the independent external review into access and use of client information at ACC.


Terms of reference for independent review into access and use of client information at ACC released

The Review is to be led by Dentons Kensington Swan Partner Linda Clark. The Review is being overseen by the ACC Board in partnership with Treasury as the Corporation’s monitor.

It follows recent concerns about access to client files and the decision by ACC management to suspend 14 ACC staff due to alleged inappropriate access and use of client information. This included 12 staff allegedly sharing client information in a private Snapchat group. Internal investigations led by the Acting Chief Executive are now underway.

“The ACC Board takes the privacy and management of customers’ personal information extremely seriously,” ACC Board Chair Hon Steve Maharey said. “The alleged inappropriate access and use of client information is deeply concerning which is why an independent review is needed to ensure the public has confidence in ACC by looking at access and handling of client data and recommending any improvements.”

The objectives of the Review will be to:

  • Carry out an overarching review of the recent alleged inappropriate access and use of client information (and having considered the causes, including examining the potential impact on internal information security of the recent changes in the way sensitive claims are administered); and
  • Make recommendations to the ACC Board about appropriateness, effectiveness and how to improve:
    • Systems and policies in relation to access to and use of client information among ACC staff;
    • The oversight, monitoring and auditing of access and use (to detect and deter unauthorised access and use of client information); and
    • The ongoing training related to such access and use of client information.

The Review will be conducted over a maximum six-month period starting in mid-November 2021. During that time, Mr Maharey indicated ACC management would continue to make operational improvements where they were needed.

Linda Clark biography

Ms Clark is a partner at Dentons Kensington Swan and co-leads the firm’s Wellington public law and litigation practice. Dentons Kensington Swan is a provider on the All-of-Government External Legal Services Panel. Ms Clark regularly works with clients to navigate complex issues of privacy compliance and to assist with responding to privacy and data breach events.

Review’s terms of reference