Correspondence with Apple about contact tracing / exposure notifications

Concerned Citizen made this Freedom of Information request to Department of Health

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Department of Health,

Please provide all correspondence between the Department and Apple in relation to contact tracing and/or exposure notifications.

Please include:
- all emails from either Apple to the Department or the Department to Apple containing the terms ‘contact tracing’, ‘exposure notifications’ or ‘Bluetooth’,
- all emails in reply,
- agendas, notes and related documents from any meetings between Apple and the Department pertaining to contact tracing, exposure notifications or Bluetooth

Yours faithfully,

Concerned Citizen

FOI, Department of Health

Attention: Concerned Citizen


FREEDOM OF INFORMATION REQUEST – NOTIFICATION OF RECEIPT AND REQUEST FOR AN EXTENSION OF TIME

I am writing to notify you that the Department of Health (department) received your request on 8 September 2021 for access to documents under the Freedom of Information Act 1982 (Cth) (FOI Act) being:

all correspondence between the Department and Apple in relation to contact tracing and/or exposure notifications

The statutory timeframe for processing your request is 30 calendar days within which a decision on access to the requested documents is to be notified.

The department may impose a charge for the work involved in providing access to the documents. If this request attracts a charge you will be notified in writing.

Unless you advise otherwise, draft and duplicate documents, along with Commonwealth employee names and contact details below Senior Executive Service level and mobile telephone numbers of all staff will be excluded from the scope of your request under s22(1)(a)(ii) of the FOI Act.

Request for extension of time

As a result of the ongoing coronavirus pandemic, the department is dealing with a very high volume of FOI requests. To ensure the department can process your request in accordance with the requirements of the FOI Act, including locating and providing access to all relevant documents, the department would be grateful if you would agree to an extension of 30 calendar days for processing your request. If you agree, the department will endeavour to provide a decision to you by 7 November 2021.

Please contact the department by 13 September 2021 with your decision to the 30 day extension of processing time.

You can contact the FOI Unit on via email at [email address], should you have any questions.

Kind regards
FOI Officer

FOI and Legislation Support Section
Legal & Assurance Division |  Corporate Operations Group
Legal Advice & Legislation Branch
Australian Government Department of Health
E: [Health request email] 
GPO Box 9848, Canberra ACT 2601, Australia

The Department of Health acknowledges the Traditional Custodians of Australia and their continued connection to land, sea and community. We pay our respects to all Elders past and present. 

If you receive this email in error, please delete it and contact the sender immediately.

-----Original Message-----
From: Concerned Citizen <[FOI #7838 email]>
Sent: Wednesday, 8 September 2021 5:06 PM
To: FOI <[email address]>
Subject: Freedom of Information request - Correspondence with Apple about contact tracing / exposure notifications

REMINDER: Think before you click! This email originated from outside our organisation. Only click links or open attachments if you recognise the sender and know the content is safe.
Dear Department of Health,

Please provide all correspondence between the Department and Apple in relation to contact tracing and/or exposure notifications.

Please include:
- all emails from either Apple to the Department or the Department to Apple containing the terms ‘contact tracing’, ‘exposure notifications’ or ‘Bluetooth’,
- all emails in reply,
- agendas, notes and related documents from any meetings between Apple and the Department pertaining to contact tracing, exposure notifications or Bluetooth

Yours faithfully,

Concerned Citizen

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[FOI #7838 email]

Is [Health request email] the wrong address for Freedom of Information requests to Department of Health? If so, please contact us using this form:
https://www.righttoknow.org.au/change_re...

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

"Important: This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you receive this transmission in error please notify the author immediately and delete all copies of this transmission."

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Dear FOI,

Thank you for acknowledging the receipt of my request.

Whilst I understand that we’re experiencing an ongoing coronavirus pandemic, this is not a reason for less transparency but rather underscores the importance of public access to information about how our Government is handling the pandemic.

I do not agree to your request for an extension of time to process my request. I expect a response within the statutory timeframe. I trust that this will not prevent you from processing my request in accordance with the requirements of the FOI Act, including locating and providing access to all relevant documents.

Yours sincerely,

Concerned Citizen

FOI, Department of Health

1 Attachment

Dear Applicant

I refer to your request to the Department of Health (the department)
seeking access to the following under the Freedom of Information Act 1982
(Cth) (FOI Act):

Please provide all correspondence between the Department and Apple in
relation to contact tracing and/or exposure notifications.

 

Please include:

- all emails from either Apple to the Department or the Department to
Apple containing the terms ‘contact tracing’, ‘exposure notifications’ or
‘Bluetooth’,

- all emails in reply,

- agendas, notes and related documents from any meetings between Apple and
the Department pertaining to contact tracing, exposure notifications or
Bluetooth

Notice of Third Party Consultation

Documents have been identified to which a third party to this request is
involved.

The decision maker, an officer authorised under section 23(1) of the FOI
Act to make decisions in relation to Freedom of Information requests, has
determined that the requirement of section 26A of FOI Act (Consultation –
Commonwealth State relations) makes it appropriate to extend the timeframe
for dealing with your request.

Pursuant to section 15(6) of the FOI Act, this allows an additional 30
days to process your request.

The department will endeavour to provide you with a decision on or before
7 November 2021.

Relevant provisions

 

The FOI Act, including the provisions referred to in this email, can be
accessed from the Federal Register of Legislation website:
[1]https://www.legislation.gov.au/Details/C....

 

If you require clarification of any of the matters discussed in this email
you should contact the department’s FOI Unit by email at
[2][email address].

 

Thank you for your patience as we continue to actively process your
request.

 

Kind regards

 

Celeste

 

FOI Unit – FOI and Legislation Section

Legal & Assurance Division |  Corporate Operations Group

Legal Advice & Legislation Branch

Australian Government Department of Health

E: [3][email address

GPO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

 

If you receive this email in error, please delete it and contact the
sender immediately.

 

"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information. 
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited.  If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."

References

Visible links
1. https://www.legislation.gov.au/Details/C...
2. mailto:[email address]
3. mailto:[email address]

FOI, Department of Health

1 Attachment

Dear Applicant

 

I refer to the email below notifying you of third party consultation.

 

This email is to advise you that the relevant legislative section for
consultation with the third party involved in your request is section 27
of the FOI Act (Consultation – Business information) as opposed to section
26A of the FOI Act.

 

We apologise for the misunderstanding.

 

If you have any further questions, please contact the department at
[1][email address].

 

Kind regards

 

FOI Officer

 

FOI Unit – FOI and Legislation Section

Legal & Assurance Division |  Corporate Operations Group

Legal Advice & Legislation Branch

Australian Government Department of Health

E: [2][email address

GPO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

 

If you receive this email in error, please delete it and contact the
sender immediately.

 

 

From: FOI <[email address]>
Sent: Thursday, 7 October 2021 5:28 PM
To: Concerned Citizen <[FOI #7838 email]>
Cc: FOI <[email address]>
Subject: Freedom of Information Request 2995 - Notice of Third Party
Consultation [SEC=OFFICIAL]

 

Dear Applicant

I refer to your request to the Department of Health (the department)
seeking access to the following under the Freedom of Information Act 1982
(Cth) (FOI Act):

Please provide all correspondence between the Department and Apple in
relation to contact tracing and/or exposure notifications.

 

Please include:

- all emails from either Apple to the Department or the Department to
Apple containing the terms ‘contact tracing’, ‘exposure notifications’ or
‘Bluetooth’,

- all emails in reply,

- agendas, notes and related documents from any meetings between Apple and
the Department pertaining to contact tracing, exposure notifications or
Bluetooth

Notice of Third Party Consultation

Documents have been identified to which a third party to this request is
involved.

The decision maker, an officer authorised under section 23(1) of the FOI
Act to make decisions in relation to Freedom of Information requests, has
determined that the requirement of section 26A of FOI Act (Consultation –
Commonwealth State relations) makes it appropriate to extend the timeframe
for dealing with your request.

Pursuant to section 15(6) of the FOI Act, this allows an additional 30
days to process your request.

The department will endeavour to provide you with a decision on or before
7 November 2021.

Relevant provisions

 

The FOI Act, including the provisions referred to in this email, can be
accessed from the Federal Register of Legislation website:
[3]https://www.legislation.gov.au/Details/C....

 

If you require clarification of any of the matters discussed in this email
you should contact the department’s FOI Unit by email at
[4][email address].

 

Thank you for your patience as we continue to actively process your
request.

 

Kind regards

 

Celeste

 

FOI Unit – FOI and Legislation Section

Legal & Assurance Division |  Corporate Operations Group

Legal Advice & Legislation Branch

Australian Government Department of Health

E: [5][email address

GPO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

 

If you receive this email in error, please delete it and contact the
sender immediately.

 

"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information. 
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited.  If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."

References

Visible links
1. mailto:[email address]
2. mailto:[email address]
3. https://www.legislation.gov.au/Details/C...
4. mailto:[email address]
5. mailto:[email address]

FOI, Department of Health

8 Attachments

Dear Sir or Madam

 

Please find attached correspondence in relation to your Freedom of
Information request to the Department of Health.

 

Kind regards

 

FOI Officer

 

Freedom of Information Section

Legal Advice & Legislation Branch
Legal & Assurance Division | Corporate Operations Group

Australian Government Department of Health

T: 02 6289 1666  | E: [1][email address

GPO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the Traditional Custodians of
Australia and their continued connection to land, sea and community. We
pay our respects to all Elders past and present. 

 

Please note that this email and attachments may contain confidential or
legally privileged information. Please consult with Legal Division before
disclosing any part of this email, or attachment, outside of the
Department. If you receive this email in error, please delete it and
contact the sender immediately.

 

"Important: This transmission is intended only for the use of the
addressee and may contain confidential or legally privileged information. 
If you are not the intended recipient, you are notified that any use or
dissemination of this communication is strictly prohibited.  If you
receive this transmission in error please notify the author immediately
and delete all copies of this transmission."

References

Visible links
1. mailto:[email address]

Dear FOI,

Thank you for your response to my request and for the correspondence you have released.

I understand that I have the right to request an internal or external review but I hope that you could please respond to this email as an administrative matter in the first instance.

I just wanted to check to see if you haven’t inadvertently excluded some documents that were in the scope of my request?

One of the emails you have released refers to a meeting between the Health Minister and Apple but you have not included any emails sent or received by the department about arranging for this meeting. Were there other emails between the department and Apple that you have excluded?

My request asked for “all correspondence between the Department and Apple in relation to contact tracing and/or exposure notifications”.

And I explicitly requested:
“agendas, notes and related documents from any meetings between Apple and the Department pertaining to contact tracing, exposure notifications or Bluetooth”

Were there any documents other than the one email relating to the meeting between Minister Hunt and Apple’s Global Healthcare Lead?

Was there any subsequent correspondence from Apple where Apple provided the department with further information about the Exposure Notification framework?

Yours sincerely,

Concerned Citizen

FOI, Department of Health

Dear Sir or Madam

Thank you for your email.

All correspondence between the Department of Health (department) and Apple in relation to contact tracing and the exposure notification framework was supplied in our original response.

The meeting between Apple and the Minister for Health you referred to was not initiated by the department and as such, no record exists on our systems. There was no formal agenda developed or distributed. No documents or emails were provided to the department from Apple following that meeting.

Health was the policy lead for the COVIDSafe app with the DTA taking the lead on implementation and technology. Given the technical nature of the topics you have requested, we advise that you lodge an FOI request with the DTA who may be able to assist you further.

Kind regards

FOI Officer

Freedom of Information Section

Legal Advice & Legislation Branch
Legal & Assurance Division | Corporate Operations Group
Australian Government Department of Health
T: 02 6289 1666  | E: [email address
GPO Box 9848, Canberra ACT 2601, Australia

The Department of Health acknowledges the Traditional Custodians of Australia and their continued connection to land, sea and community. We pay our respects to all Elders past and present. 

Please note that this email and attachments may contain confidential or legally privileged information. Please consult with Legal Division before disclosing any part of this email, or attachment, outside of the Department. If you receive this email in error, please delete it and contact the sender immediately.

-----Original Message-----
From: Concerned Citizen <[FOI #7838 email]>
Sent: Wednesday, 3 November 2021 7:49 PM
To: FOI <[email address]>
Subject: Re: Freedom of Information Request 2995 - Notice of Decision [SEC=OFFICIAL]

REMINDER: Think before you click! This email originated from outside our organisation. Only click links or open attachments if you recognise the sender and know the content is safe.
Dear FOI,

Thank you for your response to my request and for the correspondence you have released.

I understand that I have the right to request an internal or external review but I hope that you could please respond to this email as an administrative matter in the first instance.

I just wanted to check to see if you haven’t inadvertently excluded some documents that were in the scope of my request?

One of the emails you have released refers to a meeting between the Health Minister and Apple but you have not included any emails sent or received by the department about arranging for this meeting. Were there other emails between the department and Apple that you have excluded?

My request asked for “all correspondence between the Department and Apple in relation to contact tracing and/or exposure notifications”.

And I explicitly requested:
“agendas, notes and related documents from any meetings between Apple and the Department pertaining to contact tracing, exposure notifications or Bluetooth”

Were there any documents other than the one email relating to the meeting between Minister Hunt and Apple’s Global Healthcare Lead?

Was there any subsequent correspondence from Apple where Apple provided the department with further information about the Exposure Notification framework?

Yours sincerely,

Concerned Citizen

-----Original Message-----

Dear Sir or Madam

 

Please find attached correspondence in relation to your Freedom of Information request to the Department of Health.

 

Kind regards

 

FOI Officer

 

Freedom of Information Section

Legal Advice & Legislation Branch
Legal & Assurance Division | Corporate Operations Group

Australian Government Department of Health

T: 02 6289 1666  | E: [1][email address

GPO Box 9848, Canberra ACT 2601, Australia

 

The Department of Health acknowledges the Traditional Custodians of Australia and their continued connection to land, sea and community. We pay our respects to all Elders past and present. 

 

Please note that this email and attachments may contain confidential or legally privileged information. Please consult with Legal Division before disclosing any part of this email, or attachment, outside of the Department. If you receive this email in error, please delete it and contact the sender immediately.

 

"Important: This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited.  If you receive this transmission in error please notify the author immediately and delete all copies of this transmission."

References

Visible links
1. mailto:[email address]

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7838 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

"Important: This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you receive this transmission in error please notify the author immediately and delete all copies of this transmission."

hide quoted sections

Dear FOI,

Thank you for your reply. For the avoidance of doubt could you please confirm whether or not any notes were taken during the meeting with Apple?

My request was for (emphasis added):
"agendas, *notes* and related documents from any meetings between Apple and the Department pertaining to contact tracing, exposure notifications or Bluetooth"

Your most recent email states:
"The meeting between Apple and the Minister for Health you referred to was not initiated by the department and as such, no record exists on our systems. There was no formal agenda developed or distributed. No documents or emails were provided to the department from Apple following that meeting".

This makes it clear that there was no "formal" agenda and that no documents or emails were provided to the department from Apple following the meeting, but it does not mention whether or not any notes were taken during the meeting.

Could you please confirm:
- whether there was an informal agenda, or
- whether any notes were taken?

If so, could you please provide them?

Yours sincerely,

Concerned Citizen

FOI, Department of Health

Good afternoon

Thank you for your email.

The department confirms that there was no informal agenda or informal notes of the meeting. As advised in our email below, all relevant documents were provided in our original response to you on 3 November 2021.

Kind regards

FOI Officer

Freedom of Information Section

Legal Advice & Legislation Branch
Legal & Assurance Division | Corporate Operations Group
Australian Government Department of Health
T: 02 6289 1666  | E: [email address
GPO Box 9848, Canberra ACT 2601, Australia

The Department of Health acknowledges the Traditional Custodians of Australia and their continued connection to land, sea and community. We pay our respects to all Elders past and present. 

Please note that this email and attachments may contain confidential or legally privileged information. Please consult with Legal Division before disclosing any part of this email, or attachment, outside of the Department. If you receive this email in error, please delete it and contact the sender immediately.

-----Original Message-----
From: Concerned Citizen <[FOI #7838 email]>
Sent: Monday, 8 November 2021 2:48 PM
To: FOI <[email address]>
Subject: RE: Freedom of Information Request 2995 - Notice of Decision [SEC=OFFICIAL]

REMINDER: Think before you click! This email originated from outside our organisation. Only click links or open attachments if you recognise the sender and know the content is safe.
Dear FOI,

Thank you for your reply. For the avoidance of doubt could you please confirm whether or not any notes were taken during the meeting with Apple?

My request was for (emphasis added):
"agendas, *notes* and related documents from any meetings between Apple and the Department pertaining to contact tracing, exposure notifications or Bluetooth"

Your most recent email states:
"The meeting between Apple and the Minister for Health you referred to was not initiated by the department and as such, no record exists on our systems. There was no formal agenda developed or distributed. No documents or emails were provided to the department from Apple following that meeting".

This makes it clear that there was no "formal" agenda and that no documents or emails were provided to the department from Apple following the meeting, but it does not mention whether or not any notes were taken during the meeting.

Could you please confirm:
- whether there was an informal agenda, or
- whether any notes were taken?

If so, could you please provide them?

Yours sincerely,

Concerned Citizen

-----Original Message-----

Dear Sir or Madam

Thank you for your email.

All correspondence between the Department of Health (department) and Apple in relation to contact tracing and the exposure notification framework was supplied in our original response.

The meeting between Apple and the Minister for Health you referred to was not initiated by the department and as such, no record exists on our systems. There was no formal agenda developed or distributed. No documents or emails were provided to the department from Apple following that meeting.

Health was the policy lead for the COVIDSafe app with the DTA taking the lead on implementation and technology. Given the technical nature of the topics you have requested, we advise that you lodge an FOI request with the DTA who may be able to assist you further.

Kind regards

FOI Officer

Freedom of Information Section

Legal Advice & Legislation Branch
Legal & Assurance Division | Corporate Operations Group Australian Government Department of Health
T: 02 6289 1666  | E: [email address]
GPO Box 9848, Canberra ACT 2601, Australia

The Department of Health acknowledges the Traditional Custodians of Australia and their continued connection to land, sea and community. We pay our respects to all Elders past and present. 

Please note that this email and attachments may contain confidential or legally privileged information. Please consult with Legal Division before disclosing any part of this email, or attachment, outside of the Department. If you receive this email in error, please delete it and contact the sender immediately.

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #7838 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------

"Important: This transmission is intended only for the use of the addressee and may contain confidential or legally privileged information. If you are not the intended recipient, you are notified that any use or dissemination of this communication is strictly prohibited. If you receive this transmission in error please notify the author immediately and delete all copies of this transmission."

hide quoted sections