Our reference: FOIREQ19/00252
By email: [FOI #5260 email]
Your Freedom of Information Request
Dear O Wendel ,
I refer to your request for access to documents made under the Freedom of Information Act
(Cth) (the FOI Act) and received by the Office of the Australian Information
Commissioner (OAIC) on 26 November 2019.
In your letter you seek access to the fol owing:
I refer to the appearance of officers from the OAIC at Senate Estimates on 22 October 2019.
I’m aware that briefing materials were prepared for those officers to assist them at that
Senate Estimates appearance.
Under the FOI Act, I seek access to any part (and only those parts) of those briefing materials
that relate to Hotjar, Holding Redlich Lawyers and/or section 95B of the Privacy Act.
I am an officer authorised under s 23(1) of the FOI Act to make decisions in relation to FOI
I have identified one document within the scope of your request. The document is a
Commissioner brief on the OAIC regulation of privacy matters relating to offshore contracts.
I have decided to grant you access to the document in full, and now attach the document.
24 December 2019
1300 363 992
T +61 2 9284 9749
GPO Box 5218
F +61 2 9284 9666
Sydney NSW 2001
ABN 85 249 230 937
If you disagree with my decision
You have the right to apply for an internal review of my decision under Part VI of the FOI Act.
An internal review wil be conducted, to the extent possible, by an officer of the OAIC who
was not involved in or consulted in the making of my decision. If you wish to apply for an
internal review, you must do so in writing within 30 days. There is no application fee for
If you wish to apply for an internal review, please mark your application for the attention of
the FOI Coordinator and state the grounds on which you consider that my decision should be
You have the right to seek review of this decision by the Information Commissioner and the
Administrative Appeals Tribunal (AAT).
You may apply to the Information Commissioner for a review of my decision (IC review). If
you wish to apply for IC review, you must do so in writing within 60 days. Your application
must provide an address (which can be an email address or fax number) that we can send
notices to and include a copy of this letter. A request for IC review can be made in relation to
my decision, or an internal review decision.
It is the Information Commissioner’s view that it will usual y not be in the interests of the
administration of the FOI Act to conduct an IC review of a decision, or an internal review
decision, made by the agency that the Information Commissioner heads: the OAIC. For this
reason, if you make an application for IC review of my decision, and the Information
Commissioner is satisfied that in the interests of administration of the Act it is desirable that
my decision be considered by the AAT, the Information Commissioner may decide not to
undertake an IC review.
Section 57A of the FOI Act provides that, before you can apply to the AAT for review of an FOI
decision, you must first have applied for IC review.
Applications for internal review or IC review can be submitted to:
Office of the Australian Information Commissioner
GPO Box 5218
SYDNEY NSW 2001
Alternatively, you can submit your application by email to [OAIC request email], o
r by fax on
02 9284 9666.
Accessing your information
If you would like access to the information that we hold about you, please
contact [email address]. More
information is available on the Access our
page on our website.
Section 11C of the FOI Act requires agencies to publish online documents released to
members of the public within 10 days of release, except if they contain personal or business
information that it would be unreasonable to publish.
The documents I have decided to release to you do not contain business or personal
information that would be unreasonable to publish. As a result, the documents wil be
published on our disclosure log
shortly after being released to you.