Consultation: APP Guidelines — second stage released
Draft Guidelines for APPs 6 to 11 (Parts 3 and 4)
Consultation on the draft Australian Privacy Principles (APP) Guidelines 6 to 11 (Parts 3 and 4) is now open. This forms the second stage of APP Guidelines to be released for consultation. The third stage (APPs 12 & 13) will be released in October.
Draft APP Guidelines for Chapters A to D and APPs 1 to 5
Submissions for the first stage of consultations for Chapters A to D and APPs 1 to 5 of the APP Guidelines close today (Friday 20 September 2013). Please send submissions to email@example.com.
Consultation: Renewal of disclosure log determination No. 2011-1
On 12 September 2013, the Office of the Australian Information Commissioner (OAIC) released a consultation paper about the planned renewal of Disclosure Log Determination No. 2011-1 (Exempt Documents). The determination, issued by the Information Commissioner under s 11C(2) of the Freedom of Information Act 1982 (Cth) (FOI Act), has the effect that agencies and ministers do not have to publish on their disclosure log information in documents that were exempt at the time access was given to an freedom of information (FOI) applicant, or would have been exempt had the request been received from someone other than the applicant.
The determination expires on 16 October 2013. Before reissuing the determination, the Information Commissioner has posed a number of questions in the consultation paper to seek feedback from agencies, ministers, the public and any other interested parties about the operation and effectiveness of the determination.
FOI guidelines updated
The OAIC recently updated Parts 2 (Scope of the application of the FOI Act), 5 (Exemptions) and 9 (Internal review) of the FOI Guidelines. The OAIC anticipates releasing updates to Part 12 (Vexatious applicant declarations) in October 2013.
Agencies must have regard to these guidelines when they are performing a function or exercising a power under the Act.
Speech: The impact of technology on the Administrative Justice System, Professor John McMillan
Professor John McMillan, Australian Information Commissioner, recently spoke about the impact of technology on the Administrative Justice System at the Australian Institute of Administrative Law National Administrative Law Forum, in Canberra on 18 July 2013.
Interview: iQ magazine, Professor John McMillan
Professor John McMillan was interviewed recently by iQ magazine, the Records and Information Management Professionals Australasia quarterly magazine. The interview is featured in the August edition of iQ magazine and on the OAIC website.
Information Commissioner review decisions
Cornerstone Legal Pty Ltd and Australian Securities and Investment Commission  AICmr 71 (10 September 2013)
Public interest conditional exemption for business affairs — Whether disclosure could prejudice the future supply of information — Whether disclosure would be contrary to public interest — FOI Act s 47G; Public interest conditional exemption for agency operations — FOI Act s 47E.
Combined Pensioners and Superannuants Association of NSW Inc and Deputy Prime Minister and Treasurer  AICmr 70 (3 September 2013)
Whether document contains deliberative matter — Whether contrary to public interest to release conditionally exempt document — FOI Act ss 11A(5), 47C.
Sweeney and Australian Securities and Investments Commission  AICmr 68 (30 August 2013)
Request for access to documents — Whether documents subject to legal professional privilege — Whether disclosure would disclose commercially valuable information — Whether disclosure would have a substantial adverse effect on the proper and efficient conduct of the operations of an agency — Whether disclosure would unreasonably affect business affairs — Whether premature release of documents would be contrary to the public interest — FOI Act ss 21, 42, 47, 47E, 47G.
International Right to Know Day — 28 September 2013
International Right to Know Day aims to raise awareness of the right to information. In the lead up to the day, we’ll be using #RTKD2013 on social media, a hashtag developed by the FOI Advocates network. We encourage you to join the conversation.
iappANZ Data in Flight workshop
The iappANZ (International Association of Privacy Professionals Australia and New Zealand) is hosting a two hour workshop ‘Data in Flight — the ins and outs of offshore outsourcing’ on Monday 30 September 2013. This workshop on the offshoring of data will provide tools to minimise privacy risks and optimise data protection.
The workshop also will cover the basics of the new APPs with a spotlight on APP 8. The Australian Privacy Commissioner, Timothy Pilgrim, will also be launching new guidelines for app developers called Mobile privacy — A better practice guide for mobile app developers at the event.
- Peter Leonard, Gilbert + Tobin
- Daniel Thompson, Corrs Chambers Westgarth
- Helaine Leggat, Information Legal
- Anna Kuperman, iappANZ and Serco Asia Pacific.
Monday 30 September 2013, 3.30pm to 5.30pm.
Office of the Australian Information Commissioner (OAIC)
Room 1, Level 3
175 Pitt Street
Sydney (near corner Pitt & King)
Free for iappANZ members, $99 for non-iappANZ members (deductable from iappANZ membership joining fee).
Visit the iappANZ website for more information and to register.
Community Attitudes to Privacy survey launch
The launch of the OAIC's Community Attitudes to Privacy survey results will take place on Wednesday 9 October 2013.
The study surveyed 1000 Australians to understand their views on, and awareness of, privacy issues. Once the results have been released, the full report and questionnaire will be available on the OAIC website.
iappANZ 2013 Privacy Summit
The sixth iappANZ Privacy Summit will take place on Monday 25 November in Sydney. The program will feature three international keynote speakers:
- Richard Thomas, Former UK ICO, CBE
- Mikko Niva, Chief Privacy Officer, Nokia
- Daniel Weitzner, Director, MIT Decentralised Information Group
1 Martin Place
Sydney NSW 2000
Visit the iappANZ website for more information.
If you would like to subscribe to the OAICnet eNewsletter please subscribe on our website.