Breaking International Law

J.M. Porup made this Freedom of Information request to Defence Intelligence Organisation

The request was refused by Defence Intelligence Organisation.

From: J.M. Porup

Delivered

Dear Defence Intelligence Organisation,

According to a legal memo in the Snowden documents, GCHQ will break international law as long as it's "acceptable among the 5-eyes community."

Source:

https://twitter.com/toholdaquill/status/...
https://theintercept.com/document/2015/0...

How often does DIO break international law?

Please provide any legal memos, correspondence, or other documents that discuss DIO breaking international law. Please include statistics per year from 1995 to present day on how often DIO breaks international law.

Please also include any and all processing notes associated with this FOI request.

Yours faithfully,

J.M. Porup
National Security Reporter
www.JMPorup.com

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From: FOI
Defence Intelligence Organisation

UNCLASSIFIED

Good morning,

Thank you for your email. Your email has been forwarded for consideration/action.

Kind regards

FOI Operations
FOI @defence.gov.au
(02) 62662200
http://www.defence.gov.au/foi/

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From: Hanna, Nicole MS
Defence Intelligence Organisation

UNCLASSIFIED

Good morning

Thank you for your email. Documents belonging to Defence Intelligence Organisation are exempt from the operation of the FOI Act under section 7 specifically (2A) and (2C). I have included the section of the Act for your reference:

(2A) An agency is exempt from the operation of this Act in relation to the following documents:

(a) a document (an intelligence agency document) that has originated with, or has been received from, any of the following:
(i) the Australian Secret Intelligence Service;
(ii) the Australian Security Intelligence Organisation;
(iii) the Inspector-General of Intelligence and Security;
(iv) the Office of National Assessments;
(v) the Australian Geospatial-Intelligence Organisation;
(vi) the Defence Intelligence Organisation;
(vii) the Australian Signal Directorate.
(b) a document that contains a summary of, or extract or information from, a defence intelligence document, to the
extent that it contains such a summary, extract or information.

(2C) An agency is exempt from the operation of this Act in relation to the following documents:

(a) a document (a defence intelligence document) that has originated with, or has been received from, the Department of
Defence and that is in respect of:
(i) the collection, reporting or analysis of operational
intelligence; or
(ii) special access programs, under which foreign
government provides restricted access to technologies;
(b) a document that contains a summary of, or extract or information from, a defence intelligence document, to the
extent that it contains such a summary, extract or information.

Unfortunately in this instance our office is unable to provide you with assistance to refine the scope of your request as the documents you are seeking are from an exempt agency.

Kind regards

Nicole Hanna
FOI Case Officer
Information Management and Access
Governance and Reform Division
Department of Defence | CP1-6-003| PO Box 7910 | Canberra BC ACT 2610 | (02) 6266 3948| Email [email address]

http://www.defence.gov.au/FOI/privacy.asp

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From: J.M. Porup

Delivered

Dear Defence Intelligence Organisation,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Defence Intelligence Organisation's handling of my FOI request 'Breaking International Law'.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/b...

Yours faithfully,

J.M. Porup

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From: FOI
Defence Intelligence Organisation

UNCLASSIFIED

Good afternoon

Thank you for your email in which you are seeking an internal review of the response provided to you by the Department of Defence for documents relating to the Defence Intelligence Organisation. As previously advised the Defence Intelligence Organisation is an exempt agency for the purposes of the Freedom of Information Act.

The Department's response was provided to you administratively as the documents you are seeking are from an exempt agency. In this instance your request was not validated and a formal decision was not provided. As such you do not have any internal review rights in relation to this request.

If you wish to be provided with a formal decision under the Freedom of Information Act we can validate your request as of today. A formal decision will be provided and you will be able to exercise your rights for an internal review.

However, please keep in mind that the Defence Intelligence Organisation is an exempt agency. Without pre-empting the decision the request will most likely be refused under section 7 of the Freedom of Information ACT.

Kind regards

Nicole Hanna
FOI Case Officer
Information Management and Access
Governance and Reform Division
Department of Defence | CP1-6-003| PO Box 7910 | Canberra BC ACT 2610 | (02) 6266 3948| Email [email address]

http://www.defence.gov.au/FOI/privacy.asp

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Things to do with this request

Anyone:
Defence Intelligence Organisation only: