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Emails from Clearview.AI

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

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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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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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From: Justin Warren

Delivered

Dear JACQUELINE,

I agree to the request for an extension.

Yours sincerely,

Justin Warren

Link to this

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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From: Ellery, Jacqueline
Australian Federal Police


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UNCLASSIFIED

 

Dear Mr Warren

 

I refer to your request dated 28 February 2020 seeking access to
information under the Freedom of Information Act 1982 (the Act) in
relation to Clearview AI.

 

As your request covers documents which contains information concerning the
business, commercial or financial affairs of an organisation, the
Australian Federal Police is required to consult with that commercial
organisation before making a decision on the release of those documents. 

                                                                          

Sub-section 15(6) of the Act provides for an extension of 30 days to the
statutory 30 day time limit for processing requests.  The statutory
timeframe for your application commenced on 28 February 2020 therefore,
the time limit for processing your request and notification of a decision
will now expire on 28 May 2020 (including the section 15AA extension of
time).

 

If you have any queries regarding this letter, please do not hesitate to
contact me.

 

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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From: Ellery, Jacqueline
Australian Federal Police


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UNCLASSIFIED

 

Dear Mr Warren

 

Your request is due for completion on 28 May 2020 however further time is
required to complete the request.  An extension of time has been sought
from the Office of the Australian Information Commissioner pursuant to
section 15AB of the FOI Act.  They will advise you of their decision,
however, in the meantime we are endeavouring to completed your request.

 

We apologise for the delay and any inconvenience this may cause.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[1]www.afp.gov.au
[2]Australian Federal Police

UNCLASSIFIED

 

 

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From: Tahnee De Souza


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Attachment RQ20 01710 Letter to FOIA.pdf
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Our reference: RQ20/01710

Agency reference: CRM 2020/582

Mr Justin Warren

 

Sent by email: [FOI #6191 email]

Extension of time under s 15AB

Dear Mr Warren

Please find attached a decision of today’s date in relation to your FOI
request to the Australian Federal Police.

 

Kind Regards

 

[1]OAIC   Tahnee De Souza  |  Assistant
Review and Investigation
Adviser

Freedom of information

Office of the Australian
Information Commissioner

GPO Box 5218 Sydney NSW 2001  |
 [2]oaic.gov.au

+61 2 9284 9861  | 
[3][email address]
[7]Subscribe [8]Subscribe to
[4]Facebook | [5]LinkedIn | [6]Twitter |   icon Information
Matters

 

 

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6. https://twitter.com/OAICgov
8. https://www.oaic.gov.au/media-and-speech...

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From: Ellery, Jacqueline
Australian Federal Police


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Attachment Decision and schedule.pdf
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UNCLASSIFIED

 

Dear Mr Warren

 

Please find attached a decision and schedule in relation to your FOI
request.  Due to email size restrictions, the documents are being sent in
three parts.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[1]www.afp.gov.au
[2]Australian Federal Police

UNCLASSIFIED

 

 

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From: Ellery, Jacqueline
Australian Federal Police


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Attachment FINAL CRM 2020 582 Part1.pdf
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UNCLASSIFIED

 

 

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[1]www.afp.gov.au
[2]Australian Federal Police

UNCLASSIFIED

 

 

From: Ellery, Jacqueline
Sent: Monday, 13 July 2020 4:20 PM
To: '[FOI #6191 email]'
<[FOI #6191 email]>
Subject: FOI - CRM 2020/582 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Dear Mr Warren

 

Please find attached a decision and schedule in relation to your FOI
request.  Due to email size restrictions, the documents are being sent in
three parts.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[3]www.afp.gov.au
[4]Australian Federal Police

UNCLASSIFIED

 

 

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Link to this

From: Ellery, Jacqueline
Australian Federal Police


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Attachment FINAL CRM 2020 582 Part2.pdf
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UNCLASSIFIED

 

 

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[1]www.afp.gov.au
[2]Australian Federal Police

UNCLASSIFIED

 

 

From: Ellery, Jacqueline
Sent: Monday, 13 July 2020 4:20 PM
To: '[FOI #6191 email]'
<[FOI #6191 email]>
Subject: FW: FOI - CRM 2020/582 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

 

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[3]www.afp.gov.au
[4]Australian Federal Police

UNCLASSIFIED

 

 

From: Ellery, Jacqueline
Sent: Monday, 13 July 2020 4:20 PM
To: '[FOI #6191 email]'
<[5][FOI #6191 email]>
Subject: FOI - CRM 2020/582 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Dear Mr Warren

 

Please find attached a decision and schedule in relation to your FOI
request.  Due to email size restrictions, the documents are being sent in
three parts.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[6]www.afp.gov.au
[7]Australian Federal Police

UNCLASSIFIED

 

 

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6. http://www.afp.gov.au/
7. http://www.afp.gov.au/

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From: Ellery, Jacqueline
Australian Federal Police


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Attachment FINAL CRM 2020 582 Part3.pdf
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UNCLASSIFIED

 

Final part.

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[1]www.afp.gov.au
[2]Australian Federal Police

UNCLASSIFIED

 

 

From: Ellery, Jacqueline
Sent: Monday, 13 July 2020 4:20 PM
To: '[FOI #6191 email]'
<[FOI #6191 email]>
Subject: FW: FOI - CRM 2020/582 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

 

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[3]www.afp.gov.au
[4]Australian Federal Police

UNCLASSIFIED

 

 

From: Ellery, Jacqueline
Sent: Monday, 13 July 2020 4:20 PM
To: '[FOI #6191 email]'
<[5][FOI #6191 email]>
Subject: FOI - CRM 2020/582 [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

 

Dear Mr Warren

 

Please find attached a decision and schedule in relation to your FOI
request.  Due to email size restrictions, the documents are being sent in
three parts.

 

Regards,

 

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL

[6]www.afp.gov.au
[7]Australian Federal Police

UNCLASSIFIED

 

 

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5. mailto:[FOI #6191 email]
6. http://www.afp.gov.au/
7. http://www.afp.gov.au/

Link to this

From: Justin Warren

Delivered

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 'Emails from Clearview.AI', your ref: CRM 2020/582.

Sections of the documents have been redacted citing s 47B of the FOI Act. The context of the redactions indicates that one or more people from a State agency invited AFP officers to use Clearview. It is unclear how s 47B can be relied upon in the context of an authorised trial of Clearview by AFP.

Instead it appears that AFP is concerned that it will be embarrassed by the fact that a State agency invited its officers to use Clearview and that they did so without appropriate authorisation. I note that s 11B(4)(a) explicitly requires that potential embarrassment is treated as irrelevant as a public interest factor against disclosure.

There is a clear public interest in ensuring that officers of both AFP and State agencies do not operate outside the law or the policies and procedures of their respective agencies. Dangerous new technologies such as face surveillance tools like Clearview.AI require public discussion and scrutiny before they are adopted by government. The decision maker has not clearly identified how disclosure would be against the public interest in this specific case.

Other sections of the documents have been redacted citing s 47E(d) of the FOI Act. For s 47E to apply, per [6.101] of the FOI Guidlines, the predicted effect needs to be reasonably expected to occur: "There must be more than merely an assumption or allegation that damage may occur if the document were to be released." The explanation provided has not articulated why the predicted effect would be reasonably expected to occur.

Some sections of the documents have been redacted citing s 47G of the FOI Act. These items appear to be portions of the email addresses of certain employees of Clearview.AI. As per s [6.182] of the FOI Guidelines "The conditional exemption does not apply if the document contains only business information about the applicant (s 47G(3))." Given this information is merely the business contact information for employees of Clearview.AI, I do not believe this conditional exemption has been correctly applied.

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

Yours faithfully,

Justin Warren

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From: FOI
Australian Federal Police

UNCLASSIFIED
Dear Mr Warren

I am advised by the Office of the Australian Information Commissioner that you are continuing with an IC review by that office, as such, the AFP is not able to undertake an Internal Review of the decision.

Regards,

JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
AUSTRALIAN FEDERAL POLICE

www.afp.gov.au

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