26 July 2021
Mr Matthew M
E):
xxxxxxxxxxxxxxxxxxxxxxxxx@xxxxxxxxxxx.xxx.xx
Dear Mr M,
FOI REQUEST – REFERENCE NUMBER 202021-051
I refer to your request dated 3 June 2021 (received on 4 June) for access to documents under the
Freedom of Information Act 1982 (the FOI Act). Thank you for agreeing to an extension for issue of
this decision until 26 July 2021.
Specifically, you sought access to [documents containing:]
a copy of the Privacy Impact Assessment for the ABC's planned implementation of mandatory logons
for the iview platform.
Authorisation
I am authorised by the Managing Director under Section 23 of the FOI Act to make decisions in
respect of requests made under that Act.
Material taken into account
In making my decision, I have had regard to:
• the terms of your request;
• the FOI Act;
• Guidelines issued by the Office of the Australian Information Commissioner (OAIC) under
section 93A of the FOI Act (Guidelines).
Decision
Access is refused on the basis that no final document exists that meets the terms of your request.
My reasons for refusal of access are provided below. However, I have provided some further
information below in relation to the work underway in connection with the privacy impact
assessment for the ABC’s planned implementation of ABC iview mandatory login.
Reasons for decision
Under section 24A of the FOI Act, the ABC may refuse a request for access if all reasonable steps
have been taken to find a document and the ABC is satisfied that the document does not exist. In
the present case, I am satisfied that the requested document does not exist in final form and
therefore access to it is refused pursuant to section 24A of the FOI Act.
Legal ABC Ultimo Centre, 700 Harris Street, Ultimo NSW 2007
GPO Box 9994 Sydney NSW 2001 |
Tel: +61 2 8333 5849
Further information regarding the requested PIA
You have requested a PIA that is currently under development by the ABC and its external legal
advisors. This PIA will address a number of matters associated with ABC iview, including mandatory
login. At present, while this document is under development, the ABC does not hold a copy.
It is for this reason that access is refused under s 24A FOI Act.
Context for the PIA
The purpose of a PIA is to thoroughly consider each part of a project and identify impacts that a
project might have on the privacy of individuals, and to set out recommendations for managing,
minimising, or eliminating any negative impact on personal privacy.1 Work on ABC iview’s features
and functions is ongoing to ensure that the ABC achieves the best possible overall outcomes for
Australians in a changing commercial and online privacy environment.
Please be advised that the ABC does hold an existing PIA in relation to the personalisation of ABC
digital products including ABC iview, as stated on our PIA Register:
https://about.abc.net.au/how-
the-abc-is-run/what-guides-us/privacy/register-of-privacy-impact-assessments/
We are currently not releasing this PIA on the basis of the exemption available under section 47E of
the FOI Act.
I understand however that the ABC’s expectation is that it will be in a position to disclose a
substantial amount of the PIAs when the new privacy impact assessment process is completed
(noting there may for example be aspects which need to be withheld to avoid risks of cyber-attack,
to respect obligations of confidence or to maintain legal professional privilege).
Review rights
You have rights in relation to this decision. Those rights are set out at
Annexure A.
Yours sincerely,
Pamela Longstaff
Company Secretary and Head of Corporate Governance
xxx.xxx@xxx.xxx.xx
1 http://about.abc.net.au/how-the-abc-is-run/what-guides-us/privacy/register-of-privacy-impact- assessments/.
Legal ABC Ultimo Centre, 700 Harris Street, Ultimo NSW 2007
GPO Box 9994 Sydney NSW 2001 |
Tel: +61 2 8333 5849
Annexure A – Review rights
If you are dissatisfied with this decision you can apply for Internal or Information Commissioner (IC)
Review. You do not have to apply for Internal Review before seeking IC Review.
Application for Internal Review
You have the right to apply for an internal review of the decision refusing to grant access to
documents in accordance with your request. If you make an application for review, the Managing
Director will appoint an officer of the Corporation (not the person who made the initial decision) to
conduct a review and make a completely fresh decision on the merits of the case.
You must apply in writing for a review of the decision within 30 days of receipt of this letter. No
particular form is required to apply for review, although it would help if you set out the reasons for
review in your application.
Application for a review of the decision should be addressed to:
The FOI Coordinator
ABC
Level 13
700 Harris Street
ULTIMO NSW 2007
Or sent to:
xxx.xxx@xxx.xxx.xx
Application for Information Commissioner (IC) Review
Alternatively, you have the right to apply for a review by the Information Commissioner of the
decision refusing to grant access to documents in accordance with your request. Your application
must:
• be in writing
• be made within 60 days of receipt of this letter
• give details of how notices may be sent to you (for instance, by providing an email address)
• include a copy of the decision for which a review sought.
You should be aware that the Information Commissioner has a discretion not to undertake a review
(see Division 5, FOI Act).
Please refer to the OAIC website FOI review process page for further information and/or to access
the online form for applying for IC review:
https://www.oaic.gov.au/freedom-of-information/foi-review-process
Application for a review of the decision by the Information Commissioner should be addressed to:
Legal ABC Ultimo Centre, 700 Harris Street, Ultimo NSW 2007
GPO Box 9994 Sydney NSW 2001 |
Tel: +61 2 8333 5849
Director of FOI Dispute Resolution
GPO Box 5218
Sydney NSW 2001
Or sent to:
xxxxxxxxx@xxxx.xxx.xx
Complaints to the Information Commissioner
You may complain to the Information Commissioner about any action taken by the ABC in the
performance of functions, or exercise of powers, under the FOI Act. The Information Commissioner
may make inquiries for the purpose of determining whether or not to investigate a complaint.
Complaints should be made in writing to the following address:
Office of the Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Legal ABC Ultimo Centre, 700 Harris Street, Ultimo NSW 2007
GPO Box 9994 Sydney NSW 2001 |
Tel: +61 2 8333 5849
