iView data sharing agreements
Dear Australian Broadcasting Corporation,
I request, under the freedom of information act, all data sharing agreements signed with all third parties who will be given access to iView data, including
- Google
- Facebook
- Tealium
and any others to whom the ABC has granted access to iView viewing data.
Yours faithfully,
Vanessa Teague
Dear Ms Teague
FOI REQUEST – REFERENCE NUMBER 202021-055
This email is to acknowledge receipt of your request under the Freedom of
Information Act 1982 (the FOI Act) for the following documents:
[Documents containing:]
All data sharing agreements signed with all third parties who will be
given access to iView data, including:
- Google;
- Facebook;
- Tealium; and
- any others to whom the ABC has granted access to iView viewing data.
I confirm that the 30 day statutory period for processing your request
commenced from the day after your email was received, being 16 June 2021.
Subject to any suspension of the processing period or extension of the
time for deciding this application, the ABC is required to make a
determination in relation to this application by 16 July 2021. Please note
that processing charges may be imposed and that consultation with third
parties may be required. If it is necessary to seek agreement to pay
charges or to consult with third parties, additional processing time is
provided under the FOI Act. You will be advised of any charges as well as
any need to consult third parties in relation to your request.
Please note that the ABC is required by the FOI Act to publish accessed
information on its website within 10 working days after the release of the
documents to the FOI applicant.
You should also be aware that by making an FOI request, you may be
providing personal information to the ABC. The ABC will manage any such
information in accordance with the ABC’s Privacy Policy. Details of that
policy are available on the ABC’s
website: [1]http://about.abc.net.au/abc-privacy-poli.... Please note that
personal information (such as your name) may be disclosed in the course of
processing this request, for instance for the purposes of consultation or
internal reporting.
We will consider your request and provide you with a decision as soon as
practicable.
Kind regards
[2]ABC Gukby Sim
FOI Coordinator (Tue-Thurs)
Corporate Governance, Privacy & FOI Legal Assistant (Fri)
ABC Legal
E: [3][email address]
P: 02 8333 3317
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.
-----Original Message-----
From: Vanessa Teague <[4][FOI #7511 email]>
Sent: Tuesday, 15 June 2021 12:48 PM
To: FOI ABC <[ABC request email]>
Subject: Freedom of Information request - iView data sharing agreements
Dear Australian Broadcasting Corporation,
I request, under the freedom of information act, all data sharing
agreements signed with all third parties who will be given access to iView
data, including
- Tealium
and any others to whom the ABC has granted access to iView viewing data.
Yours faithfully,
Vanessa Teague
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[5][FOI #7511 email]
Is [6][ABC request email] the wrong address for Freedom of Information
requests to Australian Broadcasting Corporation? If so, please contact us
using this form:
[7]https://urldefense.com/v3/__https://www....
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:
[8]https://urldefense.com/v3/__https://www....
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.
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Dear Ms Teague
FOI REQUEST – REFERENCE NUMBER 202021-055
Attached is the ABC’s decision in relation to your request.
Kind regards
Todd
[1]ABC Todd Buttsworth
FOI and Corporate Governance Advisor
ABC Legal
P: 02 8333 3312
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.
From: FOI ABC <[ABC request email]>
Sent: Wednesday, 16 June 2021 5:13 PM
To: Vanessa Teague <[FOI #7511 email]>
Subject: Acknowledgment of Request - ABC FOI 202021-055 iView data sharing
agreements [ABC-Legal.FID75522]
Dear Ms Teague
FOI REQUEST – REFERENCE NUMBER 202021-055
This email is to acknowledge receipt of your request under the Freedom of
Information Act 1982 (the FOI Act) for the following documents:
[Documents containing:]
All data sharing agreements signed with all third parties who will be
given access to iView data, including:
- Google;
- Facebook;
- Tealium; and
- any others to whom the ABC has granted access to iView viewing data.
I confirm that the 30 day statutory period for processing your request
commenced from the day after your email was received, being 16 June 2021.
Subject to any suspension of the processing period or extension of the
time for deciding this application, the ABC is required to make a
determination in relation to this application by 16 July 2021. Please note
that processing charges may be imposed and that consultation with third
parties may be required. If it is necessary to seek agreement to pay
charges or to consult with third parties, additional processing time is
provided under the FOI Act. You will be advised of any charges as well as
any need to consult third parties in relation to your request.
Please note that the ABC is required by the FOI Act to publish accessed
information on its website within 10 working days after the release of the
documents to the FOI applicant.
You should also be aware that by making an FOI request, you may be
providing personal information to the ABC. The ABC will manage any such
information in accordance with the ABC’s Privacy Policy. Details of that
policy are available on the ABC’s
website: [2]http://about.abc.net.au/abc-privacy-poli.... Please note that
personal information (such as your name) may be disclosed in the course of
processing this request, for instance for the purposes of consultation or
internal reporting.
We will consider your request and provide you with a decision as soon as
practicable.
Kind regards
[3]ABC Gukby Sim
FOI Coordinator (Tue-Thurs)
Corporate Governance, Privacy & FOI Legal Assistant (Fri)
ABC Legal
E: [4][email address]
P: 02 8333 3317
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.
-----Original Message-----
From: Vanessa Teague <[5][FOI #7511 email]>
Sent: Tuesday, 15 June 2021 12:48 PM
To: FOI ABC <[6][ABC request email]>
Subject: Freedom of Information request - iView data sharing agreements
Dear Australian Broadcasting Corporation,
I request, under the freedom of information act, all data sharing
agreements signed with all third parties who will be given access to iView
data, including
- Tealium
and any others to whom the ABC has granted access to iView viewing data.
Yours faithfully,
Vanessa Teague
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[7][FOI #7511 email]
Is [8][ABC request email] the wrong address for Freedom of Information
requests to Australian Broadcasting Corporation? If so, please contact us
using this form:
[9]https://urldefense.com/v3/__https://www....
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:
[10]https://urldefense.com/v3/__https://www....
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.
-------------------------------------------------------------------
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Dear Australian Broadcasting Corporation,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Australian Broadcasting Corporation's handling of my FOI request 'iView data sharing agreements'.
I do not accept that the documents are covered by a "necessary quality of confidentiality" merely because they contain confidentiality clauses, i.e. the parties agreed to keep them secret. If this line of reasoning were valid, then any agreement made by a public authority could remain confidential, no matter how gravely opposed to the public interest, only because the parties to that contract had undertaken to keep it so. Public authorities and corporations making arrangements against the public interest are most likely to want to keep them confidential.
I do not believe the information could have been exchanged with an "understanding of confidence" when the ABC is constrained by APP1 - 'to manage personal information in an open and transparent way.’ It is not credible to suggest that the receiving parties, Google, Facebook and others, did not realise that the people whose data was being given to them would wish to know the nature of the data sharing arrangement.
Finally, I question the overly broad use of the term 'cause detriment.' While I agree that exposure of inappropriate, irresponsible or corrupt behaviour may cause detriment to specific individuals or corporations, I do not believe that is the intended interpretation of that clause. Publication of these contracts would not cause detriment unless there is something embarrassing to hide - even then, it would not cause detriment to the community as a whole.
The publication of these data sharing arrangements has tremendous public benefits. First, it informs ordinary iView viewers of how their data is being shared, hence giving them some opportunity to protect themselves from some of its harmful consequences. Second, it allows technical experts like me to examine the accuracy of the privacy policy. I am concerned that there may be misconceptions about the strength of technical privacy protections. For example, the privacy policy's mention of a 'hash of the email address' suggests that the inadequacy of hashing as a technical privacy protection has not been understood. If the technical protections promised in the data sharing contracts do not in fact meet the promises of the ABC's privacy policy, then the ABC needs to find out urgently. Opening the data sharing contracts for independent review would be one way to do so.
I encourage you to reconsider your refusal.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/i...
Yours faithfully,
Vanessa Teague
Dear Ms Teague
I understand you have sought internal review of a decision made by Ms
Pamela Longstaff, Head of Corporate Government & FOI Coordinator, as per
your email below.
The internal review decision is due to be provided to you on Monday 16
August 2021, being 30 days since your request was received. Unfortunately
there has been a delay in conducting the review due to workloads. I
anticipate that a decision will be provided to you by 30 August 2021. I
apologise for the inconvenience.
Kind regards
[1]ABC Amy Fox
Employment Counsel
P 02 8333 2691
E [email address]
[2][IMG]
We acknowledge Aboriginal and Torres Strait
Islander peoples as the First Australians and
Traditional Custodians of the lands where we
live, learn and work.
NOTICE: This email and any attachments are confidential, may be legally
privileged and may include copyright material. The information in this
email is intended for the use of the individual or entity named above,
only. Please do not forward or redistribute this email without
authorisation. If you are not the intended recipient, you must not read,
disseminate, copy or otherwise use or take any action in reliance on any
information in this email. Please advise a member of the ABC Employment
Counsel team immediately if you have incorrectly received this email.
-----Original Message-----
From: Vanessa Teague <[3][FOI #7511 email]>
Sent: Friday, 16 July 2021 8:59 PM
To: FOI ABC <[4][ABC request email]>
Subject: Internal review of Freedom of Information request - iView data
sharing agreements
Dear Australian Broadcasting Corporation,
Please pass this on to the person who conducts Freedom of Information
reviews.
I am writing to request an internal review of Australian Broadcasting
Corporation's handling of my FOI request 'iView data sharing agreements'.
I do not accept that the documents are covered by a "necessary quality of
confidentiality" merely because they contain confidentiality clauses, i.e.
the parties agreed to keep them secret. If this line of reasoning were
valid, then any agreement made by a public authority could remain
confidential, no matter how gravely opposed to the public interest, only
because the parties to that contract had undertaken to keep it so. Public
authorities and corporations making arrangements against the public
interest are most likely to want to keep them confidential.
I do not believe the information could have been exchanged with an
"understanding of confidence" when the ABC is constrained by APP1 - 'to
manage personal information in an open and transparent way.’ It is not
credible to suggest that the receiving parties, Google, Facebook and
others, did not realise that the people whose data was being given to them
would wish to know the nature of the data sharing arrangement.
Finally, I question the overly broad use of the term 'cause detriment.'
While I agree that exposure of inappropriate, irresponsible or corrupt
behaviour may cause detriment to specific individuals or corporations, I
do not believe that is the intended interpretation of that clause.
Publication of these contracts would not cause detriment unless there is
something embarrassing to hide - even then, it would not cause detriment
to the community as a whole.
The publication of these data sharing arrangements has tremendous public
benefits. First, it informs ordinary iView viewers of how their data is
being shared, hence giving them some opportunity to protect themselves
from some of its harmful consequences. Second, it allows technical experts
like me to examine the accuracy of the privacy policy. I am concerned
that there may be misconceptions about the strength of technical privacy
protections. For example, the privacy policy's mention of a 'hash of the
email address' suggests that the inadequacy of hashing as a technical
privacy protection has not been understood. If the technical protections
promised in the data sharing contracts do not in fact meet the promises of
the ABC's privacy policy, then the ABC needs to find out urgently.
Opening the data sharing contracts for independent review would be one way
to do so.
I encourage you to reconsider your refusal.
A full history of my FOI request and all correspondence is available on
the Internet at this address:
[5]https://urldefense.com/v3/__https://www....
Yours faithfully,
Vanessa Teague
-------------------------------------------------------------------
Please use this email address for all replies to this request:
[6][FOI #7511 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:
[7]https://urldefense.com/v3/__https://www....
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.
-------------------------------------------------------------------
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6. mailto:[FOI #7511 email]
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Dear OAIC
202021-055 – Teague – Internal review
On 16 July 2021 the ABC received a request for an internal review of our
original decision made 16 July 2021 to refuse access to documents that
answer the scope of the FOI request.
Due to recent changes in staffing in the FOI team, we have unfortunately
not made the internal review decision within 30 days, and it is currently
a deemed affirmation of the original decision to refuse access to the
documents in full.
On 13 August 2021 the internal reviewer advised the applicant by email
that she anticipated providing the internal review decision by 30 August.
The applicant did not respond to the email.
There are a number of documents that apply to the scope of this request
and there has been some delay in receiving relevant information from line
areas when commencing the internal review of these documents. We now have
the necessary information to perform the internal review however require
further time to process it.
Would you kindly advise whether the Information Commissioner agrees to an
extension of time, under s 54D(3), to provide the internal review decision
by Thursday 9 September 2021?
The applicant is copied into this email. Please let me know if you require
any further information.
Regards
Jordan
[1]ABC Jordan Bramis
FOI Coordinator
E [2][ABC request email]
[3][IMG]
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Dear Ms Teague
I refer to the attached email where I indicated that I was hopeful of the
ABC providing an internal review decision by Monday 30 August. Per the
attached email sent to the OAIC yesterday, copied to you, we have sought
an extension of time until Thursday 9 September.
If the OAIC approves this extension, then the ABC will make its decision
by this date. Until the extension of time is approved, the original
decision is deemed to have been affirmed.
As the ABC is actively working on your review, would you please refrain
from applying to the OAIC for an Information Commissioner (IC) review of
the deemed decision. If the OAIC does not agree to the extension of time,
then you will be able to apply direct to them for an IC Review of the
deemed decision.
I would appreciate if you could please reply to this email to confirm you
do not object to the above. My apologies that your internal review
request has not been processed by 16 August, its original due date.
Kind regards
[1]ABC Amy Fox
Employment Counsel
P 02 8333 2691
E [email address]
[2][IMG]
We acknowledge Aboriginal and Torres Strait
Islander peoples as the First Australians and
Traditional Custodians of the lands where we
live, learn and work.
NOTICE: This email and any attachments are confidential, may be legally
privileged and may include copyright material. The information in this
email is intended for the use of the individual or entity named above,
only. Please do not forward or redistribute this email without
authorisation. If you are not the intended recipient, you must not read,
disseminate, copy or otherwise use or take any action in reliance on any
information in this email. Please advise a member of the ABC Employment
Counsel team immediately if you have incorrectly received this email.
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Dear Amy Fox,
I acknowledge receipt of this email. I agree not to apply to the OAIC for review until 9th September unless significant new information appears.
Yours sincerely,
Vanessa Teague
Our reference: RQ21/02368
Agency reference: 202021-055
Ms Vanessa Teague
By email: [1][FOI #7511 email]
Extension of time application by the Australian Broadcasting Corporation
Dear Ms Teague
I write to advise that on 23 August 2021, the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Australian Broadcasting Corporation (the ABC) for an extension of time to
process your internal review request of 16 July 2021.
The ABC has applied for an extension of time under s 54D of the Freedom of
Information Act 1982 (Cth) because it has been unable to finalise your
request within the initial decision period.
The ABC has advised the OAIC that:
· a number of documents have been identified within the scope of the
request and there has been delay in receiving information from relevant
business areas
· the FOI team now holds the relevant information and requires further
time to process it, and
· the FOI team advised you of the delay by email dated 23 August 2021.
The ABC has requested an extension to 9 September 2021. I will take any
comments you may have to make into account when deciding the application.
Please respond to this email by close of business 26 August 2021. If I do
not hear from you by this date, I will proceed to make a decision on the
basis of the information provided to me by the ABC.
You will be notified of the decision once the matter has been finalised.
Further information about extension of time requests may be found on our
website at [2]Extensions of time.
Contact
If you have any questions about this letter, please contact me on (02)
9284 9783 or via email at [3][email address]. In all
correspondence, please include the OAIC reference number at the top of
this letter.
Yours sincerely
[4][IMG] Rochelle Dunlop | Review and
Investigation Advisor
Investigations and Compliance
Freedom of information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[5]oaic.gov.au
+61 2 9284 9783 |
[6][email address]
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Dear Rochelle Dunlop,
I am happy with the request for extension.
Yours sincerely,
Vanessa Teague
Our reference: RQ21/02368
Agency reference: 202021-055
Ms Vanessa Teague
By email: [1][FOI #7511 email]
Extension of time under s 54D
Dear Ms Teague
Please find attached a decision of today’s date for an extension of time
from the Australian Broadcasting Corporation.
Yours sincerely
[2][IMG] Rochelle Dunlop | Review and
Investigation Advisor
Investigations and Compliance
Freedom of information
Regulatory Group
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[3]oaic.gov.au
+61 2 9284 9783 |
[4][email address]
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REVIEW OF FOI DECISION – REFERENCE NUMBER ABC FOI 202021-055
Dear Ms Teague,
Please find attached a copy of my internal review in this matter together
with a copy of the DTA Terms of Service (redacted).
Regards
[1]ABC Vanessa MacBean
Head, Employee Relations
People & Culture
P: 8333 2855
M: 0408 253 570
We acknowledge Aboriginal and Torres Strait Islander peoples as the
First Australians
and Traditional Custodians of the lands where we live, learn and
work.
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