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Disappearing messages - eSafety Commissioner

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Dear Australian Federal Police,

This is a request for information under the Freedom of Information Act.

I request the following documents:

1. The email from Rebel News dated 20 March 2025 with subject heading 'Media Request: AFP Investigation into eSafety Commissioner's WhatsApp Practices

2. All documents created as a result of the email in point 1 above

3. Any documents that detail complaints or concerns regarding the use of disappearing message by the eSafety Commissioner

4. The AFP's internal policy regarding its employees' use of disappearing messages

Kind regards

Mr Squiggle

FOI, Australian Federal Police

1 Attachment

OFFICIAL

Good afternoon Mr Squiggle,

   

 I refer to your request dated 25 March 2025, seeking access to documents
under the Freedom of Information Act 1982 (the Act) as follows:

 

Request:

I request the following documents:

 

1. The email from Rebel News dated 20 March 2025 with subject heading
'Media Request: AFP Investigation into eSafety Commissioner's WhatsApp
Practices

 

2. All documents created as a result of the email in point 1 above

 

3. Any documents that detail complaints or concerns regarding the use of
disappearing message by the eSafety Commissioner

 

4. The AFP's internal policy regarding its employees' use of disappearing
messages 

 

 

Timeframe

 

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, due to excessive number of requests that have come
through our office it will not be possible to advise you of a decision by
24 April 2025.

 

Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period by 30 days to notify you of a decision to 26 May 2025.

 

I would be grateful if you would advise this office in writing of your
agreement to the proposed extension of time by the close of business on
the 31 March 2025.

 

 

Information 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:

 

o 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); and
o 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.

  

Please advise this office whether you also consent to exclude the
following information:

 

o Names of AFP members, other than the Senior Executive;
o the telephone numbers, signatures, mobile telephone numbers and/or
images of AFP employees; and
o the names and other information identifying any third party (including
images).

 

Disclosure of your identity

 

The AFP may be required to consult with third parties in accordance with
sections 26A, 27 and 27A of the Act. Please advise us if you consent to
the AFP identifying you as the FOI applicant for the purposes of the
consultation. If we do not receive your consent, we will not disclose your
identity to third parties.

 

 

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
[1]https://www.afp.gov.au/about-us/informat....

 

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 the AFP in writing before 24
April 2025

 

Please note, we have recently changed our Freedom of Information
application process and are now accepting FOI applications through the
organisation’s FOI portal rather than by email correspondence.

It would be greatly appreciated when submitting requests in the future if
you could please lodge them through the portal, located here :
 [2]https://www.afp.gov.au/about-us/governan...

 

 

If you have any queries in relation to this matter, please do not hesitate
to contact our team at [3][AFP request email].

 

 

Kind Regards

 

 

AFP 28349
FOI OFFICER | GENERAL COUNSEL - CORPORATE
CHIEF LEGAL COUNSEL
[4]Australian Federal Police
The Australian Federal Police acknowledges the Traditional Owners and
Custodians of Country
throughout Australia, and their continuing connection to land, sea and
community. We pay
our respects to First Nations people, culture and Elders past, present and
emerging.

 

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are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
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error, please notify the sender immediately and delete it from your
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AFP Web site: http://www.afp.gov.au
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References

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1. https://www.afp.gov.au/about-us/informat...
2. https://www.afp.gov.au/about-us/governan...
3. mailto:[AFP request email]
4. http://www.afp.gov.au/

hide quoted sections

Dear AFP 28349,

Thank you for your email.

Please be advised I do not agree to an extension of this request.

With regard to 'email chains', can you please clarify your meaning of "and the authors/recipients are contained within the final email"? Suppose, for example, an email is received by the AFP by the media unit and it is circulated among 30 different AFP employees. Those 30 employees forward the email to various others, who do the same. How does the AFP identify the 'final email' in the chain? Will the documents you release include all emails in the chain where those emails are not sent or received by the sender or recipient of the final email?

I consent to exclude the names of all non Senior Executive AFP members, the phone numbers signatures and images of all AFP employees. I include in the scope of this request the names and information identifying third parties.

I consent to the AFP identifying me. I am Mr Squiggle, the man from the moon.

With regard to your statement "we have recently changed our Freedom of Information application process and are now accepting FOI applications through the organisation’s FOI portal rather than by email correspondence", can you please advise:

1. Will the AFP continue to accept FOI requests via email? If not, why not?
2. What are the reasons the AFP has 'changed our Freedom of Information application process'?
3. The FOI portal requests various personal information of the application including date of birth, address, phone numbers, and all of these fields are mandatory. Why? Is there any requirement in the FOI act that an applicant must provide this requested information?

Yours sincerely,

Mr Squiggle

Dear FOI Officer

I refer to my email dated 28 March 2025, which can be found at the following URL:
https://www.righttoknow.org.au/request/d...

I would kindly like to follow-up on this email, as it appears I have not received a response to the FOI request, or the questions below:
1. Will the AFP continue to accept FOI requests via email? If not, why not?
2. What are the reasons the AFP has 'changed our Freedom of Information application process'?
3. The FOI portal requests various personal information of the application including date of birth, address, phone numbers, and all of these fields are mandatory. Why? Is there any requirement in the FOI act that an applicant must provide this requested information?

Yours sincerely,

Mr Squiggle

Dear Australian Federal Police,

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

I am writing to request an internal review of Australian Federal Police's handling of my FOI request 'Disappearing messages - eSafety Commissioner'.

This request was lodged on 25 March 2025. It is very overdue.
On 11 May 2025 I sent a follow-up email. I have not received a response.

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

Yours faithfully,

Mr Squiggle

FOI, Australian Federal Police

OFFICIAL
Dear Mr Squiggle

Thank you for your below email and my apologies for the delay in finalising your request.

The AFP have received a significant increase in the volume of FOI requests received, which unfortunately has had an impact on processing timeframes.

I have received documents relevant to your request, which I am currently assessing. I endeavour to have a decision to you no later than the 8 August 2025.

As your FOI request has gone deemed, you are unable to seek an internal review. You are however able to seek an Information Commissioner Review if you wish.

I will provide you with a further update once your matter has progressed.

Again my apologies for the delays.

Kind regards

FREEDOM OF INFORMATION TEAM LEADER | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL | CORPORATE | CHIEF COUNSEL PORTFOLIO

The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
throughout Australia, and their continuing connection to land, sea and community. We pay
our respects to First Nations people, culture and Elders past, present and emerging.

-----Original Message-----
From: Mr Squiggle <[FOI #12968 email]>
Sent: Thursday, 3 July 2025 12:51 PM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request - Disappearing messages - eSafety Commissioner

Dear Australian Federal Police,

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

I am writing to request an internal review of Australian Federal Police's handling of my FOI request 'Disappearing messages - eSafety Commissioner'.

This request was lodged on 25 March 2025. It is very overdue.
On 11 May 2025 I sent a follow-up email. I have not received a response.

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

Yours faithfully,

Mr Squiggle

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #12968 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
**********************************************************************

hide quoted sections

Dear FOI Officer,

I would like to request under the Freedom of Information Act all documents created as a result of all correspondence you have received from me as published on the Right to Know website at the following URL:

https://www.righttoknow.org.au/request/d...

Yours sincerely,

Mr Squiggle

FOI, Australian Federal Police

OFFICIAL
OFFICIAL
OFFICIAL
Dear Mr Squiggle

I refer to my below correspondence and I would like to provide you with an update on the processing of your request.

I apologise for not finalising your request by 8 August as outlined below.

I have had to reach out to an additional line area to conduct searches regarding your FOI request.

Once I have received a response regarding these additional searches, I will be able to finalise your request.

Please contact me if you have any questions and my apologies again for the delay.

Kind regards

FREEDOM OF INFORMATION TEAM LEADER | COMMERCIAL, GOVERNANCE & INFORMATION
AFP LEGAL | CORPORATE | CHIEF COUNSEL PORTFOLIO

The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country
throughout Australia, and their continuing connection to land, sea and community. We pay
our respects to First Nations people, culture and Elders past, present and emerging.

-----Original Message-----
From: FOI <[email address]>
Sent: Friday, 4 July 2025 3:50 PM
To: Mr Squiggle <[FOI #12968 email]>
Cc: FOI <[email address]>
Subject: RE: Internal review of Freedom of Information request - Disappearing messages - eSafety Commissioner [SEC=OFFICIAL] [AFP-L.FID213754]

OFFICIAL
Dear Mr Squiggle

Thank you for your below email and my apologies for the delay in finalising your request.

The AFP have received a significant increase in the volume of FOI requests received, which unfortunately has had an impact on processing timeframes.

I have received documents relevant to your request, which I am currently assessing. I endeavour to have a decision to you no later than the 8 August 2025.

As your FOI request has gone deemed, you are unable to seek an internal review. You are however able to seek an Information Commissioner Review if you wish.

I will provide you with a further update once your matter has progressed.

Again my apologies for the delays.

Kind regards

FREEDOM OF INFORMATION TEAM LEADER | COMMERCIAL, GOVERNANCE & INFORMATION AFP LEGAL | CORPORATE | CHIEF COUNSEL PORTFOLIO

The Australian Federal Police acknowledges the Traditional Owners and Custodians of Country throughout Australia, and their continuing connection to land, sea and community. We pay our respects to First Nations people, culture and Elders past, present and emerging.

-----Original Message-----
From: Mr Squiggle <[FOI #12968 email]>
Sent: Thursday, 3 July 2025 12:51 PM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request - Disappearing messages - eSafety Commissioner

Dear Australian Federal Police,

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

I am writing to request an internal review of Australian Federal Police's handling of my FOI request 'Disappearing messages - eSafety Commissioner'.

This request was lodged on 25 March 2025. It is very overdue.
On 11 May 2025 I sent a follow-up email. I have not received a response.

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

Yours faithfully,

Mr Squiggle

-------------------------------------------------------------------
Please use this email address for all replies to this request:
[FOI #12968 email]

This request has been made by an individual using Right to Know. This message and any reply that you make will be published on the internet. More information on how Right to Know works can be found at:
https://www.righttoknow.org.au/help/offi...

Please note that in some cases publication of requests and responses will be delayed.

If you find this service useful as an FOI officer, please ask your web manager to link to us from your organisation's FOI page.

-------------------------------------------------------------------
**********************************************************************
WARNING

This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.

AFP Web site: http://www.afp.gov.au
**********************************************************************

hide quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Mr Squiggle please sign in and let everyone know.