Our FOI disclosure log

I request copy of all s 70 complaints made under the FOI Act about Veterans Affairs. I also request copy of the corresponding Resolve report for each of these s 70 complaints in scope.

I also request copy of any own motion investigation under the FOI Act about Veterans Affairs.

All personal information about private individuals (persons who are not Commonwealth officials performing their duties) is irrelevant and exempt under s 22, requiring no consideration. All email addresses and telephone numbers are also irrelevant and exempt under s 22, requiring no consideration.

Attached

I request copy of the following Commissioner Briefs listed at FINAL Schedule Feb 22.pdf (righttoknow.org.au)

Corporate 3, 4, 5, 6, 8, 9

Privacy 20, 25, 26, 29, 30, 32, 34

FOI 35-38, 40, 42, 43, 48, 53

Attached

Internal review request of OAIC’s FOI decision in FOIREQ22/00048 where the FOI applicant requested:

The scope of the FOI request was for the first page of senate estimate brief’s as identified below:

* Feb 2022 - Corporate: Docs 1, 3-   11; Privacy: Docs 1-20; FOI: All docs except 17; Folder B: Docs 5-22

* Oct 2021 - Corporate: Docs 1, 3-11; Privacy: Docs 1-20; FOI: All docs except 17; Folder B: Docs 5-22”.

11 pages identified in scope of the internal review. Further material released in the internal review decision.

Number of OAIC staff employed and employment terminations between 1 April 2021 to 31 March 2022, and list of positions held by non-ongoing staff as at 24 April 2022 and period the position has been held for.

Released in full

The scope of the FOI request was:

“all s 70 complaints made under the FOI Act about the OAIC, that were not a s 70 complaint about an act or practice directly engaged in by the Information Commissioner”

And “the corresponding Resolve report for each of these s 70 complaints in scope”

Released in part

“As the OAIC is a regulator, and OAIC employees subsequently going to work on promotion or better conditions with those the OAIC regulates raises ethical issues (particularly if they have been making a slew of very favourable decisions prior to their employment by such an entity who benefited from them), what policies or restrictions or disclosures does the OAIC have in place to prevent such pro quid pro from occurring?”

Full access

The scope of the FOI request was:

The scope of the FOI request was for the first page of senate estimate brief’s as identified below:

* Feb 2022 - Corporate: Docs 1, 3-   11; Privacy: Docs 1-20; FOI: All docs except 17; Folder B: Docs 5-22

* Oct 2021 - Corporate: Docs 1, 3-11; Privacy: Docs 1-20; FOI: All docs except 17; Folder B: Docs 5-22”.

Released in part

1. “…A document or register extract disclosing the number of times the Privacy Commissioner has declared an interference with the privacy of an Australian individual by reason of Section 13G of the Privacy Act 1988, including copies of six determinations or summary reasons proven under Section 13G of the Privacy Act 1988, made between 1 /01 /2009 -15/01/2022.

2. A document or register extract, disclosing the number of privacy interferences to an Australian individual by an entity under Section 13(1) of the Privacy Act 1988, involving determinations in the following listed states described in (a), (b) and (c), and copies of six determinations or summary reasons made by the Privacy Commissioner for same.

a) South Australia 01/01/2009-31/12/2013,

b) Queensland 01 /08/2004 -01 /06/2007 and

c) Victoria in 01 /08/2009 - 24/08/2009

3. A register extract of the Privacy Commissioner determinations made between

01/01/2011 -01/12/2013 which found incompliance by agencies subject to the Privacy Act 1988, in the State of South Australia against Australian Privacy Principles 1.2 and copies of six determinations or summary reasons for same.

4. A document, register extract or summary version disclosing the number of times the Privacy Commissioner has conducted an investigation under Section 36 and 38 of the Privacy Act 1988, following lodgement of a complaint, including;

a) six case judgements or summary reasons, between 01/01 /2009 - 15/01/2022.

b) two case judgements where the Privacy Commissioner was joined in court proceedings in any state or territory of Australia between 01/01/2009 - 15/01/2022.

5. A record or register extract detailing the number of directions issued by the Commonwealth Attorney General and the SA Attorney General under Section 70 of the Privacy Act 1988, to the Privacy Commissioner involving national and state level projects which interfered with an individual’s privacy in SA by agencies subject to the Privacy Act 1988, including State law enforcement bodies or the State Emergency Management Committee of South Australia.

6. A register extract or summary record detailing the number of privacy impact assessments (PIA) lodged to the Privacy Commissioner by a named agency, including register extract or summary record detailing all PIA requested to be carried out by the Privacy Commissioner under Section 33D of the Privacy Act 1988, specific to high-risk privacy projects interfering with the privacy of individuals by agencies in South Australia subject to the Privacy Act 1988, where a specific danger or threat to death, injury or other damage to the life, health or safety of a person, was assessed in PIA between 01/01/2009-15/01/2022.

7. A copy of one PIA assessment or edited version under Section 33D of the Privacy Act 1988, able to be disclosed by the Privacy Commissioner lodged by (a), (b), (c), (d) and

(e) between 01/01/2009-15/01/2022

a) State co-ordinator or Minister of the SA Emergency Management Committee,

b) SA Police,

c) Queensland Police Service,

d) Victoria Police Service,

e) Australian Federal Police,

8. A copy of the Privacy Commissioner review or audit of PIA under Section 33D of the Privacy Act 1988, including a document or register or determinations applicable to agencies, organisations or entities which created new or changed ways of dealing with personal information, or were not required to carry out a PID or comply with privacy legislation and APPs due to factors such as public interest, emergency events or national security.

9. A copy of one notifiable data breach lodged by agencies described to the Privacy Commissioner between 01/01 /2019-01 /06/2020 whereby personal information was improperly disclosed causing serious harm to an individual by the Department of Health, SA Health, the Australian Federal Police, SA Police, the SA Attorney General Department and the SA Motor Accident Commission respectively, under the Privacy Act 1988.

10. A record, register extract or summary detailing the number of times Section 12B, (1) and

(6) powers and Section 80S (1), (2), (3) and (4) powers in the Privacy Act 1988, were used to control public messaging through postal, telegraphic and telephonic services under Section 51 v powers found in the Constitution, where application was evoked by Parliament, the Commonwealth Attorney General, the SA Attorney General, a Minister of a State or Territory or the SA State Controller under the SA Emergency Management Act 2004, where acts and projects involving business sectors of the community and nongovernment sectors and individuals may have breached the privacy of individuals, or involve improper disclosures of information between 01/01/2009 - 15/01/2022.

11. A summary version or register extract detailing Section 72 determinations under the Privacy Act 1988, as issued by the Privacy Commissioner to named agencies or entities between 01 /01 /2009-15/01 /2022.

12. A summary version or register extract detailing the number ot Section 40 (1) investigations and 40 (2) investigations carried out under the Privacy Act 1988 by the Privacy Commissioner, including a document summary, or copy of decisions covering the following;

a) Number of instances where it was deemed inappropriate for the complainant to lodge a complaint to the relevant agency, including in circumstances where multiple respondents applied,

b) The number of systemic interferences with personal privacy and personal information by an agency, organisation, entity or business sector in Australia,

c) The number of declarations made by the Privacy Commissioner to an entity instructing redress for any loss or damage suffered by one or more individuals,

d) The number of declarations made by the Privacy Commissioner that one or more individuals are entitled to compensation for any loss or damage suffered by acts or practices engaged in by an entity, including quantum figures applicable to same.

13. A document lodged to the Privacy Commissioner by the Attorney General where Section 63 of the Privacy Act 1988 was declared to grant legal assistance to an individual impacted by serious intrusions of privacy, or in circumstances where it was determined hardship has occurred associated with acts and practices of entities covered by the Privacy Act 1988, to which the Privacy Commissioner was joined in court proceedings in any State or Territory of Australia.

14. A document, register extract or record detailing the number of times the Privacy Commissioner has investigated an act or practice by an entity covered by the Privacy Act 1988 and APPs in the following circumstances;

a) Where the Privacy Commissioner acted personally, if such powers exist to exercise your functions under the Privacy Act 1988,

b) Where a complaint was not lodged by an aggrieved party,

c) Where conduct interfering with privacy occurred in a public place,

d) Where another Commissioner appointed as head of an agency reported to the Privacy Commissioner, or elected to take steps personally concerning privacy interferences with individuals,

15. A register extract, summary version or documents disclosing Section 80J declarations made under the Privacy Act 1988, as issued by the Prime Minister, or a Minister of a State or Territory to the Privacy Commissioner between 1/03/2001-01/10/2002 and 01/01/2009 -15/01/2022.

16. A document or summary version of any determination made by the Privacy Commissioner relevant to Article 17 rights found in the International Covenant of Political and Civil Rights (ICCPR) to not be subjected to unlawful or arbitrary detention or interferences with a person’s privacy, family, home and correspondence, where interferences with privacy of one or more individuals in any State or Territory of Australia was found inconsistent with the Privacy Act 1988 between 01/01/2009 and 15/01/2022, including;

a) A copy of any referral letter written by the Privacy Commissioner to the Australian Human Rights Commission and a copy of the determination relevant to such referral.

17. A record disclosing the number of times Article 17 rights have been derogated from in Australia, including interferences with privacy and reputation at times of a declared public emergency or significant security event in South Australia whereby Australian Government agencies with obligations under the Privacy Act 1988 and APPs reported having to limit, reduce or diminish an individual’s rights and notify the Privacy Commissioner on same.

18. A copy of any register or summary record of determinations made against Telstra and Optus by the Privacy Commissioner for incompliance with the Telecommunications Interception and Access Act 1979, where it was identified during your functions of monitoring compliance with telecommunications carriers that unreasonable invasions of individuals privacy occurred contrary to the Privacy Act 1988 and APPs between 01/01/2009 and 15/01/2022.

Released in part