Search Warrants

Sam made this Freedom of Information request to Australian Federal Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was partially successful.

Dear Australian Federal Police,

I wish to request any and all information, rules, instructions, regulations or similar held or used by the AFP, or anyone acting on their behalf, which relates to:

a) the identification or classification of Lawyer and Law Practice or any other person or group of people, for which a warrant (as prescribed by Division 4C of the Telecommunications (Interception and Access) Act 1979) would be required; or

b) the identification or classification any other person or group of people for which the rules, instructions, regulations or similar are different than the rules, instructions, regulations or similar of the general Australian populace.

I also wish to request any rules, instructions, regulations or similar which dictate the manner in which an officer of the AFP may access metadata. This part of the request is not limited to requests pertaining to people belonging to one of the groups above.

If any of the above rules, instructions or otherwise exist, I would believe they would be known to any AFP officers who might have access to metadata (or can grant said access), so I expect this search to be relatively easy to conduct. With that in mind, I request that any fees in relation to this request be waived, as the AFP has recently announced that an investigator with the AFP has recently sought and acquired the call records of a journalist without a warrant.

The AFP are hindered in their ability to perform their work as a result of the loss of trust this has caused in the community, and by showing good faith the AFP may be able to regain some of that trust.

Yours faithfully,

Sam

Australian Federal Police

2 Attachments

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FOI, Australian Federal Police

Thank you for your email.

Please note that this is an automated response to confirm that your email was sent to the Australian Federal Police Freedom of Information (FOI) inbox.

This FOI inbox is monitored between 8am and 4pm Monday to Friday, excluding public holidays and the period from 27-31 December.

If you wish to lodge a request for access to documents under the Freedom of Information Act 1982 (FOI Act), please ensure that your request is in writing, states that it is an application for the purposes of the FOI Act and provides sufficient detail describing the documents you wish to access.

If you are requesting personal information about yourself then please ensure you enclose a copy of your photographic identification.

Further details on how to make a valid FOI request can be found on the Australian Federal Police’s website at: http://www.afp.gov.au/about-the-afp/foi-...

The Australian Federal Police will acknowledge your request in accordance with the legislative requirements of the Act.

The FOI Team can be contacted on 02 6131 6131

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FOI, Australian Federal Police

UNCLASSIFIED

Dear Sam,

I refer to your application dated 28 October 2018, in which you seek access to documents under the Freedom of Information Act 1982 (the Act) as per your email below.

Information considered irrelevant to the scope of your request

The AFP, in its management of FOI requests, excludes the following information on the basis that is irrelevant to the scope of a request:

- Names of AFP members, other than the Senior Executive.
- Direct telephone numbers, signatures and mobile telephone numbers of AFP members.
- Duplicate documents, including duplicate emails. The AFP will only provide emails where they form a final email chain and the authors/recipients are contained within the final email.
- Information that is publicly available, for example, newspaper articles, online publications including information available on the AFP Information Publication Scheme and the AFP disclosure log.

If you object to the AFP excluding any of the above information, please advise this office within seven days of receipt of this letter.

Timeframe

Your request was received by this agency on Select a date, and the 30 day statutory period for processing your request commenced from that date.

Charges

You will be notified of any charges in accordance with the Freedom of Information (Fees and Charges) Regulations, should they apply, in relation to your request as soon as practicable.

Information Publication Scheme

Please be advised that effective 1 May 2011 and in accordance with section 8(2) of the Act, an agency is required to publish information on the AFP website following the notification of a decision in respect of a freedom of information request. Details of the decision will be published in a Disclosure Log which can be found at http://www.afp.gov.au/about-the-afp/info....

The requirement to publish information released under FOI reinforces the objectives of the FOI Act to promote a pro-disclosure culture across government and to increase recognition that information held by government is a national resource. Exceptions to the requirement to publish information would apply to personal information and information concerning the business affairs of a person if it was considered ‘unreasonable’ to do so.

If, however, after noting the above, you wish to raise any concerns about the publication of information concerning your request prior to the notification of a decision, please advise this office in writing before 27 November 2018.

Regards,

JACQUELINE (AFP12306)
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION CHIEF COUNSEL AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 6131 6131
www.afp.gov.au

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Ellery, Jacqueline, Australian Federal Police

1 Attachment

UNCLASSIFIED

Dear SAM

 

Your Freedom of Information Request

 

I refer to your application dated 28 October 2018 in which you sought
access to documents under the Freedom of Information Act 1982 (the Act)
regarding telecommunications data.

 

Upon consideration of your request, the AFP is of the view that your
request will take longer than 30 days to process.  The delay is
regrettable, however, although the documents are currently being reviewed,
further time will be required to assess the documents in accordance with
the Act.  It will, therefore, not be possible to advise you of a decision
by 27 November 2018.

 

Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to 27 December 2018.

 

I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time. 

 

If you have any queries in relation to this matter, please do not hesitate
to contact this office.

 

Yours sincerely,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 61312808
[1]www.afp.gov.au
[2]Australian Federal Police

 

UNCLASSIFIED

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References

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1. http://www.afp.gov.au/
2. http://www.afp.gov.au/

Ellery, Jacqueline, Australian Federal Police

1 Attachment

UNCLASSIFIED

Dear Sam

 

I refer to your request in relation to telecommunications data. 
Unfortunately the AFP will require additional time to process your
request, therefore a request for an extension of time pursuant to s15AC of
the Freedom of Information Act 1982 has been sought from the Office of
the Australian Information Commissioner (OAIC).

 

The OAIC will advise you for their decision to grant additional time in
due course.

 

In the meantime, your request continues to be processed and we apologise
for any inconvenience this delay may cause you.

 

If you have any queries regarding your request, please contact us at
[1][AFP request email].

 

regards

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 6131 6131

[2]www.afp.gov.au
[3]Australian Federal Police

 

UNCLASSIFIED

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References

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1. mailto:[AFP request email]
2. http://www.afp.gov.au/
3. http://www.afp.gov.au/

Dear Jacqueline,

Thank you for keeping me updated.

Do you have a new time frame at all?

Yours sincerely,

Sam

Ellery, Jacqueline, Australian Federal Police

UNCLASSIFIED

Dear Sam,

I have yet to receive a response from the OAIC about their decision to grant additional time.

Once I receive the amended date I will advise you by email.

regards

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION CHIEF COUNSEL AUSTRALIAN FEDERAL POLICE

Tel +61(0) 2 6131 6131
www.afp.gov.au

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5 Attachments

Our reference: RQ18/03544

Agency reference: CRM 2019/229

Sam

Sent by email: [1][FOI #4920 email]

 

Extension of time application by the Australian Federal Police

Dear Sam

 

I write to advise that on 29 November 2018 the Office of the Australian
Information Commissioner (the OAIC) received an application from the
Australian Federal Police (the AFP) for an extension of time, to process
your FOI request.

 

The AFP has applied for an extension of time under s 15AC of the Freedom
of Information Act 1982 (Cth) because it has been unable to finalise your
request within the initial decision period.

 

The AFP has advised the OAIC that:

 

o On 22 November 2018, you were contacted regarding an extension of time
under s 15AA of the FOI Act. The AFP advises a response from you was
not received.

 

o Additional time is required for processing of your request and to
finalise the matter.

 

The has requested an extension to 11 January 2019. I will take any
comments you may have to make into account when deciding the application.

 

Please respond to this email by close of business 10 December 2018. If I
do not hear from you by this date, I will proceed to make a decision on
the basis of the information provided to me by the AFP.

 

You will be notified of the decision once the matter has been finalised.

 

Further information about extension of time requests may be found on our
website at [2]FOI Fact Sheet 16 - Extensions of time.

 

Contact

If you have any questions, please contact me on (02) 9284 9797 or via
email [email address]. In all correspondence please include reference
number RQ18/03544.

 

Yours sincerely

 

Vivian Yue

 

[3]O A I C logo   Vivian Yue  |  Review Officer

Freedom of Information

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

+61 2 9284 9797  |  
[5][email address]
[6]Facebook | [7]LinkedIn | [8]Twitter |   [9]Subscribe [10]Subscribe to
icon OAICnet newsletter

 

 

 

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6 Attachments

Our reference: RQ18/03544

Agency reference: CRM 2019/229

 

Sam

Sent by email: [FOI #4920 email]

 

Extension of time under s 15AC

 

Dear Sam

 

Please find correspondence in relation to the processing of your FOI
request attached.

 

Yours sincrely

[1]cid:image001.jpg@01D446AF.83C3DEE0   Carl English  |  Assistant Review Officer

Freedom of Information Dispute Resolution

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  [2]oaic.gov.au

+61 2 9284 9745  |  [3][email address]
[8]Subscribe
[4]cid:image002.png@01D446AF.83C3DEE0 | [5]cid:image003.png@01D446AF.83C3DEE0 | [6]cid:image004.png@01D446AF.83C3DEE0 |   [7]cid:image005.png@01D446AF.83C3DEE0 to OAICnet
newsletter

 

 

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Dear FOIDR,
I refer to the extension of time granted for a reply to my request, with the new reply date 11 January 2019.

I am writing to advise that this date has now passed by some weeks and I am still yet to receive a substantive reply.

Could you please review this matter again. I will await your reply.

Yours sincerely,

Sam

5 Attachments

Our reference: MR19/00101; RQ18/03544
Agency reference: CRM 2019/229

Sam

By email: [FOI #4920 email]

Your IC review application about an FOI decision by the Australian Federal
Police (CRM 2019/229) 

Dear Sam

Thank you for your correspondence seeking to lodge an IC review
application with the [1]Office of the Australian Information Commissioner
(the OAIC) about the Australian Federal Police (the AFP).

Please note:

·         The OAIC has initiated preliminary inquiries with the AFP, we
will contact you once the AFP responds to advise the next steps.

·         If your circumstances change, or your request has been resolved
directly with the AFP, please advise us by email as soon as practicable.

·         Information about the way we handle your personal information is
available in our [2]privacy policy.

Should you wish to follow up on this matter, please contact the OAIC
enquiries line on 1300 363 992 or email [3][email address] and quote
the reference number at the top of this email.

Yours sincerely

[4]cid:image001.jpg@01D446AF.83C3DEE0   Intake and Early Resolution Team

Freedom of Information

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  [5]oaic.gov.au

1300 363 992  |  [6][email address]
[11]Subscribe
[7]cid:image002.png@01D446AF.83C3DEE0 | [8]cid:image003.png@01D446AF.83C3DEE0 | [9]cid:image004.png@01D446AF.83C3DEE0 |   [10]cid:image005.png@01D446AF.83C3DEE0 to OAICnet
newsletter

 

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11. https://www.oaic.gov.au/media-and-speech...

Dear FOIDR,

Thank you for keeping me informed. I will await the outcome of the review.

Yours sincerely,

Sam

Ellery, Jacqueline, Australian Federal Police

3 Attachments

UNCLASSIFIED

Dear SAM

 

Please find attached a decision in relation to your request together a
schedule of documents.  The documents will follow in a separate email.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 6131 6131

[1]www.afp.gov.au
[2]Australian Federal Police

 

UNCLASSIFIED

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1. http://www.afp.gov.au/
2. http://www.afp.gov.au/

Ellery, Jacqueline, Australian Federal Police

2 Attachments

UNCLASSIFIED

 

Documents part 1 of 3.

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 61312808
[1]www.afp.gov.au
[2]Australian Federal Police

 

UNCLASSIFIED

 

From: Ellery, Jacqueline
Sent: Friday, 8 February 2019 2:10 PM
To: Sam ([FOI #4920 email])
Subject: FOI - CRM 2019/229 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Dear SAM

 

Please find attached a decision in relation to your request together a
schedule of documents.  The documents will follow in a separate email.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 6131 6131

[3]www.afp.gov.au
[4]Australian Federal Police

 

UNCLASSIFIED

 

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1. http://www.afp.gov.au/
2. http://www.afp.gov.au/
3. http://www.afp.gov.au/
4. http://www.afp.gov.au/

Ellery, Jacqueline, Australian Federal Police

2 Attachments

UNCLASSIFIED

 

Documents 3 of 3

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 61312808
[1]www.afp.gov.au
[2]Australian Federal Police

 

UNCLASSIFIED

 

From: Ellery, Jacqueline
Sent: Friday, 8 February 2019 2:11 PM
To: Sam ([FOI #4920 email])
Subject: FW: FOI - CRM 2019/229 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Documents part 2 of 3

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 61312808
[3]www.afp.gov.au
[4]Australian Federal Police

 

UNCLASSIFIED

 

From: Ellery, Jacqueline
Sent: Friday, 8 February 2019 2:10 PM
To: Sam ([FOI #4920 email])
Subject: FW: FOI - CRM 2019/229 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Documents part 1 of 3.

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 61312808
[5]www.afp.gov.au
[6]Australian Federal Police

 

UNCLASSIFIED

 

From: Ellery, Jacqueline
Sent: Friday, 8 February 2019 2:10 PM
To: Sam ([FOI #4920 email])
Subject: FOI - CRM 2019/229 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Dear SAM

 

Please find attached a decision in relation to your request together a
schedule of documents.  The documents will follow in a separate email.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 6131 6131

[7]www.afp.gov.au
[8]Australian Federal Police

 

UNCLASSIFIED

 

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2. http://www.afp.gov.au/
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5. http://www.afp.gov.au/
6. http://www.afp.gov.au/
7. http://www.afp.gov.au/
8. http://www.afp.gov.au/

Ellery, Jacqueline, Australian Federal Police

2 Attachments

UNCLASSIFIED

 

Documents part 2 of 3

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 61312808
[1]www.afp.gov.au
[2]Australian Federal Police

 

UNCLASSIFIED

 

From: Ellery, Jacqueline
Sent: Friday, 8 February 2019 2:10 PM
To: Sam ([FOI #4920 email])
Subject: FW: FOI - CRM 2019/229 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Documents part 1 of 3.

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 61312808
[3]www.afp.gov.au
[4]Australian Federal Police

 

UNCLASSIFIED

 

From: Ellery, Jacqueline
Sent: Friday, 8 February 2019 2:10 PM
To: Sam ([FOI #4920 email])
Subject: FOI - CRM 2019/229 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Dear SAM

 

Please find attached a decision in relation to your request together a
schedule of documents.  The documents will follow in a separate email.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

Tel +61(0) 2 6131 6131

[5]www.afp.gov.au
[6]Australian Federal Police

 

UNCLASSIFIED

 

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2. http://www.afp.gov.au/
3. http://www.afp.gov.au/
4. http://www.afp.gov.au/
5. http://www.afp.gov.au/
6. http://www.afp.gov.au/

5 Attachments

Our reference: MR19/00101; RQ18/03544
Agency reference: CRM 2019/229

Sam

By email: [1][FOI #4920 email]

Dear Sam

I refer to your application for Information Commissioner review (IC
review) of a decision by the Australian Federal Police (the AFP) that was
deemed to have been made on 11 January 2019.

I am writing to you to advise that on 8 February 2019, the AFP notified
the Office of the Australian Information Commissioner (the OAIC) it had
made a decision in relation to the documents you requested.

Can you please notify us by 15 February 2019, whether you wish to:

o withdraw your IC review application, or
o proceed with the IC review application and make a submission about the
grounds on which you wish to proceed.

If you have any questions regarding this email please contact me at
[2][email address] or on (02) 9284 9686. Please quote OAIC reference
number MR19/00101 in all correspondence.

Yours sincerely

[3]O A I C logo   Adie Chang  |  Assistant Review
Officer

Freedom of Information Dispute
Resolution

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

+61 2 9284 9686  |  
[5][email address]
[6]Facebook | [7]LinkedIn | [8]Twitter |   [9]Subscribe [10]Subscribe to
icon OAICnet newsletter

show quoted sections

5 Attachments

Our reference: MR19/00101; RQ18/03544
Agency reference: CRM 2019/229

Sam

By email: [1][FOI #4920 email]

Dear Sam

I refer to your application for Information Commissioner review (IC
review) of a decision by the Australian Federal Police (the AFP) that was
deemed to have been made on 11 January 2019 and to my email of 8 February
2019 (see below).

On 8 February 2019, I wrote to you to advise that on 8 February 2019, the
AFP notified the Office of the Australian Information Commissioner (the
OAIC) it had made a substantive decision in relation to the documents you
requested and asked whether you wished to withdraw or proceed with your IC
review application. To date, no response has been received from you.

Can you please notify us by 28 February 2019, whether you wish to:

o withdraw your IC review application, or
o proceed with the IC review application and make a submission about the
grounds on which you wish to proceed.

I note that s 54W(a)(ii) of the Freedom of Information Act 1982 provides
that the Information Commissioner may decide not to undertake an IC review
where an applicant fails to cooperate in progressing an IC review
application without reasonable excuse. Should we not receive a response
from you to this email by 28 February 2019, your IC review application may
be finalised by a delegate of the Information Commissioner under s
54W(a)(ii).

If you have any questions regarding this email please contact me on 02
9284 9745 or via email [2][email address]. Please quote OAIC reference
number MR19/00101 in all correspondence.

Yours sincerely

[3][IMG]   Carl English  | Acting Review Adviser
(Legal)

Freedom of Information Dispute
Resolution

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [4]oaic.gov.au

+61 2 9284 9745  | 
[5][email address]
[6][IMG] | [7][IMG] | [8][IMG] |    

 

 

 

 

 

From: FOIDR
Sent: Friday, 8 February 2019 3:24 PM
To: '[FOI #4920 email]'
<[FOI #4920 email]>
Subject: RE: MR19/00101 - Your IC review application [SEC=UNCLASSIFIED]

 

Our reference: MR19/00101; RQ18/03544
Agency reference: CRM 2019/229

Sam

By email: [9][FOI #4920 email]

Dear Sam

I refer to your application for Information Commissioner review (IC
review) of a decision by the Australian Federal Police (the AFP) that was
deemed to have been made on 11 January 2019.

I am writing to you to advise that on 8 February 2019, the AFP notified
the Office of the Australian Information Commissioner (the OAIC) it had
made a decision in relation to the documents you requested.

Can you please notify us by 15 February 2019, whether you wish to:

o withdraw your IC review application, or
o proceed with the IC review application and make a submission about the
grounds on which you wish to proceed.

If you have any questions regarding this email please contact me at
[10][email address] or on (02) 9284 9686. Please quote OAIC reference
number MR19/00101 in all correspondence.

Yours sincerely

[11]O A I C logo   Adie Chang  |  Assistant
Review Officer

Freedom of Information
Dispute Resolution

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW
2001  |  [12]oaic.gov.au

+61 2 9284 9686  |  
[13][email address]
[17]Subscribe [18]Subscribe
[14]Facebook | [15]LinkedIn | [16]Twitter |   icon to OAICnet
newsletter

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6 Attachments

Our reference: MR19/00101

Agency reference: CRM 2019/229

Sam

Sent by email: [FOI #4920 email]

Decision not to undertake a review under s 54W

Dear Sam

Please find correspondence from Mr Allan Teves about your IC review
attached.

Kind regards

[1]cid:image001.jpg@01D446AF.83C3DEE0   Carl English  | Acting Review Adviser
(Legal)

Freedom of Information Dispute
Resolution

Office of the Australian Information
Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9284 9745  | 
[3][email address]
[4]cid:image002.png@01D446AF.83C3DEE0 | [5]cid:image003.png@01D446AF.83C3DEE0 | [6]cid:image004.png@01D446AF.83C3DEE0 |   [7]cid:image005.png@01D446AF.83C3DEE0  

 

 

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Locutus Sum left an annotation ()

The agency released some information but not all of it. The applicant then sought Information Commissioner review but did not respond to inquiries made by the Office of the Information Commissioner. The Information Commissioner then decided not to review the application.