Italy ordered it to be blocked to protect consumers’ data. Ireland has asked for more information from the company over potential breaches of European Union privacy law. So has France. Several countries, now including South Korea, have expressed concern about DeepSeek’s data practices, including how it handles personal data and what information is used to train its AI system.

Japan already effectively bans the use of generative AI services for any government devices handling highly sensitive information, though it’s up to each ministry to decide on usage for other devices, according to Digital Transformation Minister Masaaki Taira.

In the US, Congress is still weighing a ban, but Texas has issued an order banning DeepSeek from state government devices. The US Navy, the Pentagon and Nasa have issued organisation-wide bans.

NZ Parliament stops short of a ban, but issues a strong warning

In March 2023, the NZ Parliamentary Service said TikTok would be removed from all devices with access to the parliamentary network on the advice of cybersecurity experts – a ban that is still in place. (Politicians can still use personal devices, or those controlled by their social media teams outside Parliament, to access and campaign on the social media platform – as Prime Minister Christopher Luxon and others did last election.)

The Herald asked the Parliamentary Service if DeepSeek would be allowed on MPs’ phones and/or other Government devices. It wouldn’t say.

“All applications are regularly reviewed to ensure they comply with Parliamentary Service security and privacy standards,” Mitch Knight, its acting chief executive, said in a statement.

He was not available for an interview and refused written questions, but one senior politician forwarded the Herald a message that Knight’s Parliamentary Service team sent to all MPs and parliamentary staff on January 28. It read:

As you may be aware, a new AI service called DeepSeek has been launched.

We strongly advise that all parliamentary staff refrain from using DeepSeek at this point, as we need to review the application to ensure it complies with Parliamentary Service security and data privacy standards. We are working directly with partners to provide future guidance. We recommend familiarising yourself with our guide on using AI technology to ensure our information and data is kept safe.

New applications are always reviewed to ensure they comply with Parliamentary Service security and privacy standards.

We will complete and advise on this review as soon as possible.

For Crown agencies outside the Beehive network, the New Zealand Government has not issued any guidance specific to DeepSeek, acting deputy chief digital officer Amy Allison told the Herald.

“The recently released DeepSeek AI-powered chatbot, like other chatbots available publicly, is a form of Generative AI, or GenAI. The Public Service AI Framework outlines expectations around the responsible use of AI, and applies to all forms of AI used in New Zealand public services. This includes the use of GenAI tools like DeepSeek,” she said.

The Public Service AI Framework offers a series of general guidelines for the use of generative AI that is light on detail and heavy on buzzwords.

Beyond the public service advice, our Government – and the Cabinet – have had no specific advice on DeepSeek for the general public. Again, that’s a contrast with Australia, where the Government’s special envoy for cyber security, Andrew Charlton, said the app “raises serious concerns around data security and potential vulnerabilities … The Government’s advice is that people should be vigilant when using DeepSeek.”

‘New Zealand should follow Australian ban’

Cyber CX chief strategy officer Alastair MacGibbon told the Herald: “We welcome the decision by the Australian Government to ban Chinese AI app DeepSeek on Government devices. The New Zealand Government should now follow Australia’s lead and ban DeepSeek on Government devices too.

“Both the Australian and New Zealand Governments should take this a step further and instruct operators of critical infrastructure to restrict access to DeepSeek on company devices.”

He added: “This isn’t the first time we have had this conversation and it won’t be the last. Chinese EVs, security cameras, TikTok and now DeepSeek show that we are playing whack-a-mole with new technology products and services from high-risk nations.

“Any smart device or software that requires an ongoing connection with the manufacturer in an authoritarian state like China raises difficult questions for Western policymakers. These technologies are invasive in their data collection practices and can be weaponised against Australians and New Zealand by nations that might seek to do us harm.”

Can we trust American AI products?

Victoria University AI expert Dr Andrew Lensen says: “We’ve seen a proliferation of countries banning DeepSeek in their government agencies, including for their lawmakers. This is out of a concern that the Chinese Government will use the information that users provide to DeepSeek for geopolitical purposes, potentially exposing sensitive security information.”

While ChatGPT was met with a degree of caution – including MBIE’s temporary staff ban (now lifted) – DeepSeek has caused a much bigger scare, Lensen says.

“But with Trump back in power and the tech oligarchy surrounding him, should we really be trusting American AI products with our data?”

If we were to ban DeepSeek in New Zealand’s Government, we should consider banning the use of American AI products too, he says.

“With Elon Musk rummaging around in the US’s federal innards, how can we be sure that the US won’t have the same level of access as China?”

Stored in China

DeepSeek’s privacy policy and terms and conditions say it will store any information you share with it – and use it to train its software. The data is stored on servers in China.

“In essence, it comes down to trust,” says Ben Reid, a director of Memia and a former executive director of the AI Forum NZ.

“Does your organisation in New Zealand trust US cloud providers or Chinese cloud providers – and by implication the governments that effectively supervise them – to keep your confidential information secure? Given the increasingly complex geopolitical dynamics right now, many New Zealand organisations may start looking for more ‘sovereign’ arrangements hosted onshore by New Zealand-owned and operated cloud providers.”

Chris Keall is an Auckland-based member of the Herald’s business team. He joined the Herald in 2018 and is the technology editor and a senior business writer.