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OAIC Annual reports now published
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Tabled in Parliament last week, our 2022-23 annual report provides an overview of the OAIC’s work across unprecedented times, with Australians impacted by the biggest data breaches the country has experienced since the commencement of the Notifiable Data Breaches scheme.
Across 2022-23, we received a record 3,402 privacy complaints – 34% more than in 2021–22. We launched significant investigations into the data breaches of Optus, Medibank Private, Latitude Group and Australian Clinical Labs, and investigations were also opened into the personal information handling practices of retailers Bunnings and Kmart, focusing on the companies’ use of facial recognition technology.
We contributed to the review of the Privacy Act 1988, with legislation expected in 2024, and welcomed the government’s announcement of the OAIC’s return to a 3 statutory office holder model, with an Information Commissioner as agency head, FOI Commissioner and Privacy Commissioner.
In the FOI space, we continued to promote the principles of open by design, which support a culture of transparency and trust, and provide guidance to government agencies on FOI decision making, as well as our ongoing work reviewing FOI decisions and responding to FOI complaints and enquiries.
Our work to co-regulate the Consumer Data Right (CDR) continued. We provided advice on the privacy and confidentiality impacts of expanding the CDR to the non-bank lending sector, as well as further CDR legislation and data standards.
We also continued our work on digital health compliance and regulatory activity: you can read more about this in our dedicated annual report on the OAIC’s digital health activities.
To find out more about our year overall, check out our OAIC 2022-23 annual report and accompanying media release.
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International Access to Information Day 2023
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On Thursday 28 September the OAIC joined members of the United Nations and Australian states and territories to mark International Access to Information Day (IAID), and highlight the UNESCO theme ‘the importance of the online space for access to information’.
Thank you to everyone who took part in International Access to Information Day in September. Whether you showed support by sharing the toolkit materials, watching our videos with Acting Commissioner Toni Pirani and Australian Information Commissioner and Privacy Commissioner Angelene Falk speaking about the importance of IAID, or by attending one of the many events held across the states and territories, your support contributes to promoting and upholding the fundamental right of the community to access government information.
A special thank you to our FOI practitioners across Australia. Your role in supporting an inclusive system of government is essential as you manage one of the nation’s most valuable assets on behalf of the public.
We look forward to celebrating this important day with you again next year.
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Planning underway for Privacy Awareness Week 2024
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Planning is already underway for Privacy Awareness Week (PAW) 2024, which will be held in early May 2024.
A record number of organisations and government agencies signed up with us as official PAW supporters for 2023 – help us break that record for #PAW2024!
Sign up your organisation or agency now and help us promote good privacy practices. There is no cost involved, and as a PAW supporter, your organisation can also opt in to be listed on our PAW 2024 website to show its support.
We’ll be able to share the PAW 2024 theme later this year. |
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2023 Information Publication Scheme (IPS) Review – Survey closed 18 October
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On 20 September 2023, the Information Commissioner opened the 3rd review of the Information Publication Scheme.
Section 9 of the FOI Act requires Australian government agencies, in conjunction with the Australian Information Commissioner, to complete a review of their IPS every 5 years. The OAIC commissioned an online survey to facilitate the IPS review for each agency. Your agency will have satisfied compliance with s 9 of the FOI Act by completing and submitting this survey.
During the survey period, the OAIC held 2 information workshops providing agencies an opportunity to learn and ask questions about the survey. Thank you to the more than 120 participants for your attendance and contributions.
The survey closed on 18 October 2023. The OAIC will publish a report on the findings into the review of the IPS in due course.
The OAIC encourage agencies to review the revised Part 13 FOI Guidelines: Information Publication Scheme (v 1.5; July 2023). |
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FOI Guidelines – Part 6 conditional exemptions
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We recently sought comments from stakeholders relating the proposed updates to Part 6 of the FOI Guidelines: conditional exemptions (v 1.4). The updates to the Guidelines relate to content, practical implications, readability and accessibility. Submissions closed on 28 September 2023 and the OAIC is now considering the feedback from submissions and will publish details on our website over the coming weeks. |
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Update to the Compliance and enforcement policy for the Consumer Data Right
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The Office of the Australian Information Commissioner and the Australian Competition and Consumer Commission have updated their joint Compliance and enforcement policy for the Consumer Data Right. The policy outlines the priorities, how the agencies encourage compliance and their approach to enforcement of matters. |
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Annual Global Privacy Assembly conference
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On 15-20 October 2023, the 45th annual Global Privacy Assembly conference was held in Bermuda. Delegates from around the world gathered to discuss the major issues facing data protection authorities and vote on the adoption of resolutions. The OAIC co-chairs the Digital Citizen and Consumer Working Group with the Office of the Privacy Commissioner of Canada and we are grateful to OPC Canada's Deputy Commissioner Brent Homan who presented the group’s Annual Report. |
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Annual Global Privacy Assembly conference
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The OAIC is hosting the 60th Asia Pacific Privacy Authorities forum (APPA 60) in Sydney on 30 November to 1 December 2023. The forum brings together leaders from the 19 member jurisdictions in the Asia Pacific region to discuss global privacy issues, regulatory developments and enforcement experiences.
Key themes include intersections with privacy and other regulatory spheres, cyber security and children’s privacy. At the conclusion of APPA 60 on day two, the Centre for Information Policy Leadership (CIPL) will be running an open session focusing on AI technologies which runs from 11:00 am to 4:00 pm.
Prior to APPA 60, the IAPP will be hosting its 12th annual IAPP ANZ Summit on 28-29 November 2023, which brings together privacy professionals from across Australasia. |
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Recent and upcoming speaking engagements
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On 17 October, Commissioner Angelene Falk took part in the ‘regulatory perspectives’ session of the King & Wood Mallesons Digital Future Summit. The Commissioner engaged in a conversation with a King & Wood Mallesons partner to discuss:
- the Australian Government’s response to the Privacy Act review
- key findings of our 2023 Australian Community Attitudes to Privacy Survey
- our priorities and expectations with regard to organisations’ compliance with the Notifiable Data Breaches scheme
- our regulatory focus on online platforms, social media and technologies that have a high impact on privacy.
Coming up:
- 31 October: Commissioner Falk will be a keynote speaker at the Australian Government FOI and Privacy Law Conference. The conference for Australian Government employees is held every 2 years and covers a mix of information law topics. Register to attend.
- 2 November: Commissioner Falk will speak at the FOI in WA Conference on the panel ‘Being an open government in the digital age – a cross-jurisdictional discussion'. The conference is being organised by the Office of the Information Commissioner Western Australia(OIC WA). The theme is 'FOI and open government in the digital age’. Registrations for the conference close on 25 October.
- 3 November: The OAIC will attend the Association of Information Access Commissioners (AIAC) meeting, hosted by the OIC WA. The AIAC comprises information access authorities across Australia and New Zealand who administer FOI legislation. AIAC members meet twice a year to share knowledge and upcoming projects.
- 28 November: Commissioner Falk will be a keynote speaker at the IAPP ANZ Summit. Register to attend the summit.
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Information Commissioner decisions
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Information Commissioner review decisions are published on AustLII. Recent decisions include:
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FOI investigation outcomes
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The OAIC has updated its Freedom of information investigation outcomes summary table to incorporate outcomes and recommendations from recent FOI complaints investigations. We encourage agencies to review consider these outcomes and recommendations to improve their information access operations.
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Processing FOI requests – requesting an extension of time from the OAIC
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The OAIC encourages agencies to use an extension of time (EOT) smartform to notify the OAIC of s 15AA agreements, or to apply for an extension of time under ss 15AB, 15AC or 54D.
An extension of time may be refused if insufficient reasons are provided to explain why additional time is needed. Please see our guidance for best practice when applying for an extension of time in the FOI Essentials toolkit.
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Working at the OAIC will put you at the forefront of data protection and access to information regulation. As an independent statutory agency, the OAIC’s work is of national significance and plays an important role in shaping Australia’s information handling landscape across the economy – from government, digital platforms and the online environment, to health, finance and telecommunications.
We are an agency within the Attorney-General Department’s portfolio with responsibility for:
- privacy functions under the Privacy Act 1988 and other legislation
- freedom of information, in particular review of decisions made by agencies and ministers under the Freedom of Information Act 1982.
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Latest news and submissions
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Please do not reply to this message as you will not get a response. We welcome your feedback at [email protected].
If you would prefer not to continue receiving this monthly newsletter, you can unsubscribe below. If you have been forwarded this newsletter by someone else, we invite you to subscribe.
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