GPO Box 2392
Melbourne, VIC 3001 Australia
www.transport.vic.gov.au
Our ref: 24-26679 CS14574
Mr Mark Nottingham
Transmitted by email:
xxxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx Dear Mr Nottingham,
Freedom of Information – Notice of Access Decision
I refer to your request received on 5 April 2024 under the
Freedom of Information Act 1982 (Vic) (the
FOI Act), by the Department of Transport and Planning (the Department), and amended on 1 May 2024
to seek:
“Any Privacy Impact Assessments related to the Digital Drivers License.”
Right of access
The FOI Act establishes a general right of access to documents held by state government agencies and
ministers; however, in order to protect essential public interests and the private and business affairs of
individuals, this right of access does not apply to documents identified under the FOI Act as exempt.
The FOI Act also provides for documents containing exempt matter to be released in part, after the
exempt matter has been redacted, where it is practicable to do so.
Document search
The Department’s Registration and Licencing Management Division undertook a search of its records
and located five (5) documents relevant to the scope of your request.
Decision
The documents were assessed in accordance with the FOI Act to determine whether they could be
released to you in full, released to you in part, or whether they are exempt from release.
Access has been granted in part as summarised in the schedule of documents attached.
Section 30(1) – Internal working documents
Section 30(1) of the FOI Act exempts from disclosure information in the nature of opinion, advice or
recommendation prepared by an officer, in the course of, or for the purpose of, the deliberative
processes of an agency, and the disclosure of this material would be contrary to the public interest.
“Officer” is defined under section 5 of the FOI Act to include a member of the agency, a member of the
staff of the agency, and any person employed by or for the agency, whether that person is one to whom
the provisions of the
Public Administration Act 2004 (Vic) apply or not.
OFFICIAL
Opinion and advice concerning system security and negative use cases have been exempted from
release under section 30(1) of the FOI Act. Disclosure of this information would be contrary to the public
interest as it would be likely to compromise the safety and security of the Digital Driver Licence platform
and/or increase the propensity for malicious activity.
Section 34(1)(b) - Documents relating to third party trade secrets etc.
Under section 34(1)(b) of the FOI Act, a document is an exempt document if:
1. the document or information was acquired from a business, commercial, or financial undertaking;
and
2. the information relates to matters of a business, commercial or financial nature; and
3. disclosure of the information is likely to expose the undertaking unreasonably to disadvantage.
To determine whether this exemption applies, the Department must provide the third-party undertaking
with the opportunity to provide a submission establishing how the disclosure would expose it to
disadvantage.
IIS Partners, Service Victoria, and the joint-venture operator (VicRoads) are considered business,
commercial, or financial undertakings under the FOI Act.
Following consultation with IIS Partners, Service Victoria and the joint-venture operator (VicRoads),
information concerning system security and negative use cases, and commercially sensitive information
have been exempted from release under section 34(1)(b) of the FOI Act. Disclosure of this information
would be likely to expose the joint-venture operator (VicRoads) and/or Service Victoria unreasonably to
disadvantage.
Section 34(4)(a)(ii) – Documents relating to trade secrets etc. of the Department
Section 34(4)(a)(ii) of the FOI Act exempts from disclosure information of a business, commercial or
financial nature if it would be likely to expose an agency unreasonably to disadvantage. The agency
also needs to be engaged in “trade and commerce” for the purposes of the FOI Act.
The Department is engaged in activities relating to trade or commerce due to its functions under the
Transport Integration Act 2010 (Vic). Service Victoria and the joint-venture operator (VicRoads) are also
considered agencies engaged in “trade and commerce” for the purposes of the FOI Act.
Information concerning system security and negative use cases, and commercially sensitive information
have been exempted from release under section 34(4)(a)(ii) of the FOI Act. Disclosure of this information
would be likely to expose the Department, the joint-venture operator (VicRoads) and/or Service Victoria
unreasonably to disadvantage.
Access charges
Section 22 of the Act provides for certain charges which may be levied in relation to applications for
access to documents. These include 20 cents per A4 size page for photocopying of any documents to
which access is granted.
Owing to delays in processing your request, the Department has decided to waive any fees and charges
under section 22 of the FOI Act. Please find attached copies of documents to which you have been
granted access.
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OFFICIAL
Complaint and review rights
If you are dissatisfied with an aspect of how this request was processed, under section 61A of the FOI
Act, you may make a complaint to the Victorian Information Commissioner by submitting the grounds of
your complaint in writing within 60 days of the date of the action you are complaining about.
Under section 49A of the FOI Act, you also have the right to make an application to the Victorian
Information Commissioner for a review of the Department’s decision to refuse or defer access to the
requested documents. Any application for review should be made in writing and submitted within 28
days of receipt of this letter.
For further information about these processes, please visit the Commissioner’s website at
www.ovic.vic.gov.au or telephone 1300 006 842.
Contact
Please contact me by e-mail at
xxx@xxxxxxxxx.xxx.xxx.xx if you have any questions about this
correspondence.
Yours sincerely,
pp G Mak
Andrew Weston
Manager, Privacy and Information Access
31 / JUL / 2024
Enc
1. Schedule of documents
2. Documents released under FOI
Page 3 of 4
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Schedule of documents
Freedom of Information request number: 24-26679 CS14574
Document Description
Access decision
1
JVO DDL Project Privacy Impact Assessment 20230619
Release in part,
exemptions under
sections 30(1),
34(1)(b) and
34(4)(a)(ii)
2
JVO DDL Project Privacy Impact Assessment 20231124
Release in part,
exemptions under
sections 30(1),
34(1)(b) and
34(4)(a)(ii)
3
Service Victoria DDL Project Privacy Impact Assessment 20220615
Release in part,
exemptions under
sections 30(1),
34(1)(b) and
34(4)(a)(ii)
4
Service Victoria DDL Project Privacy Impact Assessment 20230619
Release in part,
exemptions under
sections 30(1),
34(1)(b) and
34(4)(a)(ii)
5
Service Victoria DDL Project Privacy Impact Assessment 20231124
Release in part,
exemptions under
sections 30(1),
34(1)(b) and
34(4)(a)(ii)
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