Dear Clean Energy Regulator,

In 2015 the Commonwealth Attorney-General, under Freedom of Information, released a list of Government Agencies, Departments and Authorities that had applied for ongoing access to Telecommunication Data of Australians.

The Commonwealth Clean Energy Regulator was present in the two lists released under the FOI release, having applied for access to both historical Telecommunications Data and ongoing Telecommunications Data of Australians.

I therefore request the following Government Information:

a) Documents relating to the Commonwealth CER's consideration and decision to apply for ongoing access to Telecommunications Data as per the TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979;

b) The date of each Application made by Commonwealth CER for access to Telecommunications Data under the TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979;

c) Documents relating to how Commonwealth CER deals with the privacy of data obtained through access to ongoing access to Telecommunications Data as per TELECOMMUNICATIONS (INTERCEPTION AND ACCESS) ACT 1979, including how the data received is obtained, assessed, stored and ultimately destroyed;

d) The number of documents containing data obtained by the Commonwealth CER through its ongoing access to Telecommunication Data; and

e) The number of documents containing data obtained by the Commonwealth CER through its ongoing access to Telecommunication Data that Council has determined are not likely to be required for a permitted purpose and therefore has destroyed, for the period of time from since the commencement of ongoing access to the data was granted until 17th March 2017.

To assist you with your processing of your response, I am interested primarily in the following points, which I consider to be of significant public interest:

1) why the Commonwealth CER thinks that it requires access to the Telecommunications Data of Australians, considering there appears to be very few legitimate reasons that the Commonwealth CER would require ongoing access to the phonecall and internet browsing details of Australians to further its role, which is stated on its website as being:

"The responsibilities of the Clean Energy Regulator include:

- providing education and information on the schemes that we administer
- monitoring, facilitating and enforcing compliance with each scheme
- collecting, analysing, assessing, providing and publishing information and data
- accrediting auditors for the schemes we administer, and
- working with other law enforcement and regulatory bodies.

As an economic regulator, the Clean Energy Regulator does not have any direct role or powers under our legislation to enforce work health and safety, environmental protection, or planning laws."; and

2) the scale of Telecommunications Data of Australians being obtained, handled, stored and ultimately destroyed by Commonwealth CER.

If this can be answered as informal request, please do so.

Otherwise, please proceed with this as a formal request under the Freedom of Information principles & framework, i.e. the Freedom of Information Act 1982 & other associated guidelines and regulations.

Yours faithfully,

Richard Smith

Dear Geoff Purvis-Smith,

Thank you for your reply of 19 April 2017 where the CER has decided to release 16 documents.

I note that the CER has responded to my FOI request in a timely and comprehensive manner.

Thank you for your efforts in processing my request without any disruptions or delay. This demonstrates a pleasing level of efficiency and effectiveness in which the CER is undertaking its functions. Other Commonwealth agencies could learn from the CER's example.

I therefore consider this request for Government Information to be closed.

Yours sincerely,

Richard Smith