Reasons for decision
Dear Office of the Australian Information Commissioner,
I refer to the decision made by the Acting Information and Privacy Commissioner last week that the Department of Human Services’ act of disclosing the personal information of a once recipient of social security payments such that those details could be used (including by a Minister of the Crown) to publicly humiliate and abuse that person does not constitute an interference with the privacy of an individual for the purposes of the Privacy Act 1988 (that decision is set out here: https://oaic.gov.au/media-and-speeches/s...)
That decision has been universally condemned by Australian privacy practitioners (within both the public and private sectors) and is widely considered to be a decision made not in the public interest and according to law, but another decision made in the personal, political and career interests of the Acting Commissioner who is seeking to curry favour with the Government in order to sure up her position. See, for example, the views set out here: https://www.canberratimes.com.au/politic...
and
http://www.abc.net.au/news/2018-05-31/pr...
Noting the rather unorthodox but unsurprising refusal by the Acting Commissioner to publish reasons in support of her decision, I request, under the FOI Act, any memos, recommendations or any other documents held by the OAIC that set out any reasoning as to why the conduct at issue does, or does not, constitute a contravention of the Privacy Act 1988. Relevant documents will include those provided to the former Information and Privacy Commissioner, Mr Timothy Pilgrim, the current Acting Information and Privacy Commissioner, Ms Angeline Falk or any relevant delegate.
Thanks
HW
Dear HW
Freedom of Information request
I refer to your request for access to documents, made under the Freedom of
Information Act 1982 (FOI Act) and received by the Office of the
Australian Information Commissioner on 4 June 2018.
Scope of your request
You sought access to documents relating to the Acting Information Commissioner
and Privacy Commissioner’s decision that the Department of Human Services’ act
of disclosing the personal information of a person does not constitute an
interference with the privacy of an individual for the purposes of the Privacy
Act 1988. In particular you sought access to:
… any memos, recommendations or any other documents held by the OAIC that set
out any reasoning as to why the conduct at issue does, or does not, constitute a
contravention of the Privacy Act 1988. Relevant documents will include those
provided to the former Information and Privacy Commissioner, Mr Timothy Pilgrim,
the current Acting Information and Privacy Commissioner, Ms Angeline Falk or any
relevant delegate.
Timeframes for dealing with your request
Section 15 of the FOI Act requires this office to process your request no
later than 30 days after the day we receive it.
We received your request on 4 June 2018 and therefore must process it by
Wednesday 4 July 2018.
Section 15(6) of the FOI Act allows us a further 30 days if we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy. We will advise
you if this is necessary.
Disclosure Log
Documents released under the FOI Act may be published online on our
[1]disclosure log, unless they contain personal or business information
that it would be unreasonable to publish.
If you would like to discuss this matter please contact me on (02) 9284
9802 during business hours or by email at [email address].
Regards
Raewyn Harlock | Assistant Director | FOI Dispute Resolution
Office of the Australian Information Commissioner
GPO Box 5218 SYDNEY NSW 2001 | [2]www.oaic.gov.au
Phone: +61 2 9284 9802 | Email: [3][email address]
Protecting information rights – advancing information policy
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References
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2. http://www.oaic.gov.au/
3. mailto:[email address]
Dear Sir/Madam,
Freedom of information request no. FOIREQ18/00067
I refer to your request, made under the Freedom of Information Act 1982
(FOI Act) and received by the Office of the Australian Information
Commissioner (OAIC) on 4 June 2018.
Because your request covers documents containing information concerning an
organisation’s business or professional affairs and personal information,
the OAIC is required to consult the individuals and organisations under ss
27 and 27A of the FOI Act before making a decision on release of the
documents.
For this reason, the period for processing your request has been extended
by 30 days to allow time to consult (see s 15(6) of the FOI Act). The
processing period for your request will now end on 3 August 2018.
The consultation mechanisms under ss 27 and 27A apply when we believe the
person or organisation concerned may wish to contend that the requested
documents are exempt for reasons of personal privacy or may adversely
affect their business or financial affairs. We will take into account any
comments we receive but the final decision about whether to grant you
access to the documents you requested rests with the office of the OAIC.
Yours sincerely
Caren Whip | Principal Lawyer | Legal Services|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |[1]www.oaic.gov.au|
Phone: +61 2 9284 9826 | Enquiries: 1300 363 992 | Fax: +61 2 9284 9666 |
Email: [2][email address]
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2. mailto:[email address]
Dear HW
Please find attached the decision in relation to your FOI request,
FOIREQ18/00067.
Kind Regards
Caren Whip | Principal Lawyer| Legal Services|
Office of the Australian Information Commissioner |
GPO Box 5218 SYDNEY NSW 2001 |[1]www.oaic.gov.au|
Phone: +61 2 9284 9826 | Enquiries: 1300 363 992 | Fax: +61 2 9284 9666 |
Email: [2][email address]
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Our reference: FOIREQ18/00067
Dear HW
Freedom of Information request
I refer to your freedom of information request received on 4 June 2018 and
my decision of 3 August 2018. Please see attached documents.
Regards
Cate Cloudsdale | Senior Lawyer | Legal Services
Office of the Australian Information Commissioner
Level 3, 175 Pitt Street, SYDNEY NSW 2000
GPO Box 5218 SYDNEY NSW 2001| [1]www.oaic.gov.au
Phone: +61 2 8231 4249 | E-mail: [2][email address]
Protecting information rights – advancing information policy
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References
Visible links
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2. mailto:[email address]