Our FOI disclosure log

Reference number

FOIREQ23/00215

Date of access

22 December 2023

Published on

2 January 2024

FOI request

Any correspondence between the OAIC and the company Clearview AI relating to the Commissioner-initiated Investigation of Clearview AI, following the Information Commissioner's finding that Clearview AI, Inc. breached Australians’ privacy. The date for this request is 3 November 2021 to date.

Other information

1. 13 documents released in full
2. 26 documents released in part
3. 6 documents exempt in full under ss 33, 37, 47, 47B, 47E(c), 47E(d), 47F and 47G
4. 26 documents subject to third party review rights

Information published in the disclosure log

Reference number

FOIREQ24/00280

Date of access

5 February 2024

Published on

16 February 2024

FOI request

I make a Part III (‘Access to documents’) Freedom of Information Act 1982 (Cth) application for the Teams chat records the OAIC has actual and/or constructive access to that are about the HWL Ebsworth data breach, which are available to the OAIC using computers ordinarily available to them.

Other information

Release in part. Relevant exemptions: s 47 E(d) s 47 F s 11C

Information published in the disclosure log

Reference number

FOIREQ24/00042

Date of access

20 February 2024

Published on

20 February 2024

FOI request

• Applications from agencies under s 89K of the FOI Act seeking to have persons declared vexatious applicants, for the period from 1 January 2022 to the date of this request.
• Applications from agencies under s 89K of the FOI Act seeking to have persons declared vexatious applicants, for the period from 1 January 2022 to the date of this request, excluding any attachments. Personal information relating to the applicants is excluded from the scope of this request (except for applicants names).

Other information

13 documents granted in part. 3 documents refused in full.

Information published in the disclosure log

Reference number

FOIREQ24/00047

Date of access

19 February 2024

Published on

19 February 2024

FOI request

I hereby submit a request under the FOI Act for the following document/s:

1. Data breach reports/notifications received by the OAIC for the period 1 October 2023 to 31 December 2023.

   …

I hereby amend my request under the FOI Act to include:

2. Copies of communications from and to the OAIC in relation to the aforementioned data breach reports/notifications for the same date period. The same agreement to redact/exclude information applies in the event where inclusion of the information would result in a refusal of the request.

I would be willing to revise my request to a random sample of 10 as per your suggestion, under the same requirements as my initial request (i.e. notifications submitted to the OAIC, and communications from/to the OAIC in relation to said notifications).

Other information

1 document created and granted in part. 8 documents granted access in part. 43 documents refused access in full.

Information published in the disclosure log

Reference number

FOIREQ24/00004

Date of access

20 February 2024

Published on

20 February 2024

FOI request

I am seeking, under the Freedom of Information Act, the following documents in relation to the processing of OAIC FOIREQ23-00173:

• The final statement of reasons
• all internal correspondence relating to the processing of the request
• the documents that were found to be in scope of the request.

Revised by the applicant as follows:
I consent to limiting the part of my request asking for internal correspondence to exclude individual responses to search and retrieval requests.

I also consent to the removal of duplicate documents, including early parts of email streams that are captured in later email streams.

Other information

17 documents granted access in full. 5 documents granted access in part.

Information published in the disclosure log

Reference number

FOIREQ24/00052

Date of access

25 March 2024

Published on

27 March 2024

FOI request

All documents and correspondence relating to the Office of the Information Commissioner’s decision to close or issue determinations for its investigations into Cardiac Dynamics, Datateks Ptd Ltd, Pacific Lutheran College and Serco Group Ptd Ltd, between 21 October and 27 October, 2023

Other information

Release in part s 47E(d)

Information published in the disclosure log

Reference number

FOIREQ23/00288

Date of access

26 March 2024

Published on

28 March 2024

FOI request

Request relating the Facebook Federal Court litigation NSD246/2020, seeking the following:

1. Copy of the originating application dated 9/3/20.
2. Copy of your (applicant's) affidavit of 9/4/20.
3. Copy of Facebook's (the first respondent's) interlocutory application dated 6/5/20 served on you as the applicant.
4. Copy of your (applicant's) submissions filed / served dated 18/6/20.
5. Copy of your (applicant's) submissions filed / served dated 22/5/20.
6. Copies of copies of quotations sought/received from law firms and copies of documents showing total payments made in relation to the litigation from March 2020 up to and including 3 February 2022.

[Request later revised to exclude invoices from part 6 of request]

Other information

• 5 documents released in full (1 of which created under s 17 of the FOI Act)
• 4 documents released in part.
• Exemptions applied under ss 42 and 46(a).

Information published in the disclosure log

Reference number

FOIREQ23/00226

Date of access

9 January 2024

Published on

10 January 2024

FOI request

Any briefing documents, agendas, minutes and documents detailing meeting outcomes of the regulator heads meetings of the Digital Platform Regulators Forum (DP-Reg).

Any briefing documents, agendas, minutes and documents detailing meeting outcomes of the steering committee level meetings as part of the Digital Platform Regulators Forum (DP-Reg)

Any briefing documents, agendas, minutes and documents detailing meeting outcomes of working group(s) meetings as part of the Digital Platform Regulators Forum (DP-Reg)

I would like all correspondence and attachments contained in the correspondence and minutes between August 1, 2023, and October 30, 2023.

Scope revised to 1 September 2023 to 30 October 2023.

Other information

5 documents released in full.
31 documents released in part.
3 documents exempt in full under s 47E(d).
0 documents subject to third party review rights.

In reference to document number 19:

• Please note that there is an inaccurate statement on page 152 please note that eSafety is participating in the Department’s consultation about possible changes to the scope of the BOSE Determination in accordance with the Online Safety Act 2021 (Cth), noting that the power to amend the Determination rests with the Minister and not with eSafety.

In reference to document number 35:Please note that the reference in the DP-REG Digital Technology Working Group Minutes of 9 August 2023 to OAIC guidance on what services children can access online should instead read that the UK ICO released updated guidance on what services are ‘likely to be accessed’ by children for the purposes of the Children’s Code.

Information published in the disclosure log

Reference number

FOIREQ23/00289

Date of access

26 March 2024

Published on

28 March 2024

FOI request

Request relating to the Patrick Federal Court litigation VID519/2021, seeking the following:

1. Copy of Patrick’s Affidavit filed 8/2/22.
2. Copy of IC’s affidavit filed 25/2/22.
3. Copies of information including quotations from all law firms including the AGS showing the amount quoted by the firms to defend the IC in the proceedings.
4. Copies of all information regarding payments made by IC/OAIC to NRF [Norton Rose Fulbright] for services provided in the proceedings from 9//9/21 till 30/4/22, including copies of tax invoices.
5. Copies of work diary (both electronic and manual) of OAIC general counsel from 9/9/21 till 3/5/22 showing entries of information relating or ancillary to the proceedings.
6. Copy of OAIC general counsel’s job description effective for the period 9/9/21 – 3/5/22.

[Request later revised to exclude invoices from part 4 of request]

Other information

• 6 documents released in full (1 of which created under s 17 of the FOI Act)
• 11 documents released in part.
• 7 documents subject to third party review rights.
• Exemptions applied under ss 47(1)(b), 47E(d) and 47F

Information published in the disclosure log

Reference number

FOIREQ24/00151

Date of access

8 April 2024

Published on

10 April 2024

FOI request

I seek access to:

1. any (evidence of use, analysis, policy, advice, intra-governmental, enforcement) documentation held by the OAIC that relates to the use of disappearing messages on platforms such as (but not limited to) Whatsapp and Signal by Ministers, ministerial advisors, officials and other personnel subject to the FOI Act (e.g. see section 6C) settled or bought into existence after 1 January 2022
2. any (policy/report) documentation held by the OAIC that substantively relates to the use of disappearing messages on platforms such as (but not limited to) Whatsapp and Signal by Ministers, ministerial advisors, officials and other personnel subject to the FOI Act (e.g. see section 6C) prior 1 January 2022. I only seek the latest policy in existence prior to 1 January 2022 or the most recent report back from that date.

Other information

• Grant access in full to 1 document.
• Grant access in part to 1 document.

Information published in the disclosure log