Trove content deletion requests
Dear National Library of Australia,
I request access to the following documents under the Freedom of Information Act 1982:
1. Documents requesting that content be taken down/deleted from the Trove website (trove.nla.gov.au) from 1 January 2020 to 6 August 2024.
2. The outcome of the abovementioned takedown/deletion requests.
Yours faithfully,
CR
Dear CR
Thank you for your FOI request.
We acknowledge receipt.
Regards
Peter
Peter Hutchison | Assistant Director Legal | Governance
02 6262 1621 | [email address] | National Library of Australia
The National Library of Australia acknowledges Australia’s First Nations Peoples – the First Australians – as the Traditional Owners and Custodians of this land and gives respect to the Elders – past and present – and through them to all Australian Aboriginal and Torres Strait Islander people.
Hi CR
I refer to your FOI request outline below.
We have completed a review of your FOI request. The work involved in processing your FOI request would substantially and unreasonably divert the resources of the Library from its other operations (s 24AA(1)(a)(i) of the FOI Act).
The Library's intention is to refuse access to the documents sought in your FOI request.
The Library in making this decision has considered the resources required:
(a) identifying, locating or collating documents within the filing system of the Library;
(b) examining the documents;
(c) deciding whether to grant, refuse or defer access;
(e) redacting exempt material from the documents;
(f) making copies of documents; and
(g) notifying an interim or final decision to yourself.
In deciding that a practical refusal reason exists the Library has also considered:
(a) the staffing resources available to Library for FOI processing; and
(b) the impact that processing the FOI request may have on other work of the Library.
The Library is undertaking a request consultation process before making a decision to refuse the request (s 24AB of the FOI Act). Accordingly, we wish to provide you with the opportunity to refine the scope of your FOI request.
1. The time-period of the FOI request from 1 January 2020 to 6 August 2024 is too broad. We recommend that the time-period be reduced to a 12-month period, for example, the period 7 August 2023 to 6 August 2024. Please confirm if this is acceptable with you?
2. We require you to define more clearly what you are looking for? For example, what specific information are you seeking to have access to through your FOI request? If you would please clarify this, it will assist us to provide to the information you seek.
You may contact me by email (below) during the consultation period which is 14 days from the date of this notice.
We will pause the FIO time clock in relation to your FIO request until receive a response regarding refining the scope of your FIO request.
Regards
Peter
Peter Hutchison | Assistant Director Legal | Governance
02 6262 1621 | [email address] | National Library of Australia
The National Library of Australia acknowledges Australia’s First Nations Peoples – the First Australians – as the Traditional Owners and Custodians of this land and gives respect to the Elders – past and present – and through them to all Australian Aboriginal and Torres Strait Islander people.
Dear Peter,
Thank you for initiating this consultation.
I propose to amend the time-period to cover 1 January 2022 to 6 August 2024.
To clarify, the documents I seek pertain to Trove content takedown or deletion requests received by the library. These may include, but are not limited to, legal requests, requests from government agencies, copyright takedown notices, etc. Specifically, I am interested in accessing the takedown requests themselves as well as the outcomes of these requests - whether they were granted or denied.
Personal information of third parties other than government agencies is excluded from the scope of this request.
Before I formally submit my revised scope, please confirm whether this would resolve the practical refusal reason.
Yours sincerely,
CR
Hi CR
Thanks for your email and clarification on the documents sought under your
FOI request.
Given the extent of confidential information in the documents, your FOI
request would still involve (on amended dates) third party consultation
with approximately 124 individuals or organisations relating to the take
down requests. To consult with such a significant number of individuals or
organisations would substantially and unreasonably divert the resources of
the Library from its other operations (s 24AA(1)(a)(i) of the FOI Act).
We could provide you with the title of the material requested to be taken
down or the link to the information requested to be taken down, as well as
the outcomes of these requests - whether they were granted or denied.
Can you please confirm whether the above is acceptable to you.
Regards
Peter
Peter Hutchison | Assistant Director Legal | Governance
02 6262 1621 | [1][email address] | National Library of
Australia
The National Library of Australia acknowledges Australia’s First Nations
Peoples – the First Australians – as the Traditional Owners and Custodians
of this land and gives respect to the Elders – past and present – and
through them to all Australian Aboriginal and Torres Strait Islander
people.
Parkes Place Canberra ACT 2600 Australia
T +61 2 6262 1111
nla.gov.au
Dear Peter,
Thank you for your email and clarification regarding my FOI request.
I would be happy to accept an administrative release of documents that includes the following information:
1. Title of the material requested to be taken down
2. Link to the information requested to be taken down (if applicable)
3. Agency name of the public servant who issued the takedown request (if applicable). If a government agency or public servant did not issue the takedown request, you may withhold the names of private individuals and entities.
4. Summary reason for the takedown request (e.g., copyright, legal, privacy, etc.)
5. Outcome of the takedown request
If I am satisfied with the administrative access to this information, I will withdraw my FOI request.
In the meantime, I am happy to extend the consultation period under section 24AB(5) of the FOI Act (keeping the clock 'stopped') to allow you to complete the administrative release.
Yours sincerely,
CR
Hi CR
Thanks for your email.
We have undertaken further investigation and providing the title of the takedown or a link to the takedown information would impinge on the privacy of take-down applicants (given the highly confidential nature of much of this material), even where names are redacted. It would also require substantial agency time and effort to review and redact the sensitive content of 124 takedown requests, in addition to the time already undertaken.
We would like to recommend a summary table with the following information:
1. Outcome - whether the takedown request was (a) successful, (b) unsuccessful, (c) technical takedown, (d) open (in progress), (e) closed (insufficient information provided for decision). This would satisfy your point 5 below.
2. Number (%) of takedown requests for each group outcome above (i.e. the percentage of successful, unsuccessful, technical takedown requests etc.).
3. Reasons for the group outcomes referred to in point 1 above (i.e. reasons for successful, unsuccessful takedown or technical takedown requests etc.). This would satisfy your point 4 below.
4. Details of the number of takedown requests received for each agency. This would satisfy your point 3 below.
It is proposed that we provide the above information to you in a summary table form.
Please let me know if the above would satisfy your administrative request for information.
As the 14-day consultation period finishes today, we are happy to extend this with your agreement until Friday 20 September 2024, to finalise the process.
Regards
Peter
Peter Hutchison | Assistant Director Legal | Governance
02 6262 1621 | [email address] | National Library of Australia
The National Library of Australia acknowledges Australia’s First Nations Peoples – the First Australians – as the Traditional Owners and Custodians of this land and gives respect to the Elders – past and present – and through them to all Australian Aboriginal and Torres Strait Islander people.
Chase your own tale
Use our guides to help discover your family history | nla.gov.au
Parkes Place Canberra ACT 2600 Australia
T +61 2 6262 1111
nla.gov.au
Dear Peter,
I am happy to accept your proposed administrative release of the summary table.
I agree to extend the consultation period.
Yours sincerely,
CR
Thanks for your email CR.
We will endeavour to provide you with the agreed information by the end of the week.
Regards
Peter
Peter Hutchison | Assistant Director Legal | Governance
02 6262 1621 | [email address] | National Library of Australia
The National Library of Australia acknowledges Australia’s First Nations Peoples – the First Australians – as the Traditional Owners and Custodians of this land and gives respect to the Elders – past and present – and through them to all Australian Aboriginal and Torres Strait Islander people.
Chase your own tale
Use our guides to help discover your family history | nla.gov.au
Parkes Place Canberra ACT 2600 Australia
T +61 2 6262 1111
nla.gov.au
Hi CR
I refer to your request for administrative release of information dated 6 September 2024 for Trove takedowns for the period 1 January 2022 to 6 August 2024.
Please find attached table which includes the following information:
1. Outcome - whether the takedown request was (a) successful, (b) unsuccessful, (c) technical takedown, (d) open (in progress), (e) closed (insufficient information provided for decision).
2. Number (%) of takedown requests for each group outcome above (i.e. the percentage of successful, unsuccessful, technical takedown requests etc.).
3. Reasons for the group outcomes referred to in point 1 above (i.e. reasons for successful, unsuccessful takedown or technical takedown requests etc.).
4. Details of the number of takedown requests received for each agency.
Please let me know if you have any questions.
Unless advised to the contrary, we will assume your FOI request has been withdrawn effective as of today.
Regards
Peter
Peter Hutchison | Assistant Director Legal | Governance
02 6262 1621 | [email address] | National Library of Australia
The National Library of Australia acknowledges Australia's First Nations Peoples - the First Australians - as the Traditional Owners and Custodians of this land and gives respect to the Elders - past and present - and through them to all Australian Aboriginal and Torres Strait Islander people.
Chase your own tale
Use our guides to help discover your family history | nla.gov.au Parkes Place Canberra ACT 2600 Australia T +61 2 6262 1111 nla.gov.au
Dear Peter,
Thank you for the administrative release of information.
Request withdrawn.
Kind regards,
CR