Emails from Clearview.AI

Justin Warren made this Freedom of Information request to Australian Federal Police

Response to this request is delayed. By law, Australian Federal Police should normally have responded promptly and by (details)

From: Justin Warren

Delivered

Dear Australian Federal Police,

If possible, please treat this as an informal or administrative request. Otherwise, please treat this as a formal request for documents under the Freedom of Information Act 1982.

I request a copy of all emails sent to Australian Federal Police email addresses from the Clearview.AI company between 1 Jan 2019 and 28 Feb 2020, inclusive.

I also request a copy of all documents that constitute the AFP acceptable usage policy for AFP's email system and any systems or technologies officers may use to access AFP email accounts. I request only the final, published version(s) of these documents that officers would have been expected to comply with during the period 1 Jan 2019 and 28 Feb 2020.

This article https://www.buzzfeed.com/hannahryan/clea... suggests that more than five people associated with AFP have created accounts with Clearview.AI and that "Law enforcement officers are able to sign up for a free trial with Clearview using their official government email addresses. It is not available to the general public."

Yours faithfully,

Justin Warren

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From: 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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From: FOI
Australian Federal Police


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UNCLASSIFIED

 

Good Morning,

 

YOUR FREEDOM OF INFORMATION REQUEST

 

I refer to your application dated 28 February 2020, in which you seek
access to documents under the Freedom of Information Act 1982 (the Act) as
follows:

 

“I request a copy of all emails sent to Australian Federal Police email
addresses from the Clearview.Al company between 1 Jan 2019 and 28 Feb 202,
inclusive.  I also request a copy of all documents that constitute the AFP
acceptable usage policy of AFP's email system and any systems or
technologies officers may use to access AFP email accounts.  I request
only the final published version(s) of these documents that officers would
have been expected to comply with during the period 1 Jan 2019 and 28 Feb
2020.”

 

Timeframe

 

Your request was received by this agency on 28 February 2020, and the 30
day statutory period for processing your request commenced from that date.
The due date for your request is 29 March 2020.

 

Information considered irrelevant to the scope of your 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 email.

 

Disclosure of your Identity

 

Should the AFP be required to consult with third parties in accordance
with the sections 26A, 27 and 27A of the Act, please advise us if you have
any objections to those parties knowing your identity for the purposes of
the consultation.  If we do not receive your consent, we will not disclose
your identity to third parties.

 

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
[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 this office in writing before 29
March 2020.

 

Yours sincerely

 

 

TAMMY (AFP23516)
FOI Officer – Freedom of Information

Chief Counsel Portfolio

Tel +61(0) 2 51269366
[2]www.afp.gov.au
[3]Australian Federal Police

 

UNCLASSIFIED

 

 

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

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From: Justin Warren

Delivered

Dear Tammy,

I object to the following classes of information being considered irrelevant by default:

- 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 FOI Guidelines are very clear on the matter of public servants' personal information. I draw your attention to OAIC's statements on the matter in its recent consultation on the disclosure of public servants' names and contact details (https://www.oaic.gov.au/engage-with-us/c...

"The OAIC’s view, as expressed in the FOI Guidelines, is that it would not be unreasonable to disclose public servants’ personal information unless special circumstances exist."

I expect that the AFP will identify the special circumstances that exist to justify claiming any exemption from disclosure, as required by the FOI Act and the FOI Guidlines.

Regarding duplicate documents, if the documents are indeed verbatim copies and thus duplicate in every detail, then they can be considered the same document; I only require a single copy of every document within scope.

However, each email is a separate document. An email may contain most or all of the content of other emails in a 'chain', such as when such content is automatically included when replying or forwarding an email, but it is still a separate document. Such an email has different 'metadata' such as who sent the email, the recipients of the email, and the time and date of when it was sent (not to mention a variety of other email header information). This information can provide important context, such as who knew what and when, and therefore each email within the scope of my request should be provided, including all email headers as well as the content.

For "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" I consider it to be appropriate that the documents containing the relevant information are brought to my attention as part of the response to my FOI request.

Yours sincerely,

Justin Warren

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From: 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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From: FOI
Australian Federal Police


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UNCLASSIFIED

 

Dear Mr Warren

 

Your Freedom of Information Request

 

I refer to your application dated 28 February 2020 in which you seek
access to documents under the Freedom of Information Act 1982 (the Act)
relating to Clearview AI.

 

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, as the AFP focuses its efforts on managing the
impact of COVID-19 on its critical operations, our ability to process
requests for information under the Freedom of Information Act 1982 (Cth)
may be affected or not delivered within expected timeframes. We apologise
for the inconvenience and appreciate your patience during this period.  As
such, additional time is required to undertake email audits to identify
and retrieve the relevant emails and documents you have requested, it will
therefore not be possible to notify you of a decision by 29 March 2020.

 

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 28 April 2020.

 

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.

 

Regards,

 

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

[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/

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From: Justin Warren

Delivered

Dear JACQUELINE,

I agree to the request for an extension.

Yours sincerely,

Justin Warren

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From: 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.

As the AFP focuses its efforts on managing the impact of COVID-19 on its critical operations, our ability to process requests for information under the Freedom of Information Act 1982 (Cth) may be affected or not delivered within expected timeframes. We apologise for the inconvenience and appreciate your patience during this period. Should this occur we will contact you as soon as practicable, and seek to extend processing timeframes in accordance with the FOI Act.

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

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 5126 9366.

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