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FOI requests where personal identifying information has been released

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Edward Foucault

Dear National Library of Australia,

Under the legislation and procedures outlined therein please provide details of all FOI requests lodged with your organisation since July 1, 2021 that have contained sensitive identifying personal information which has not been removed, obscured or deleted prior to being released under the FOI request.

Please outline any correspondence / emails / reporting which has been undertaken to notify the responsible entities within your organisation of any of these potential FOI breaches and details of any corrective action that has been undertaken to correct these errors and recover any potential release of private information.

Yours faithfully,

Edward Foucault

Dear National Library of Australia FOI request co-ordinator,

I have yet to receive any form of response to my request within the statutory timeframes for the handling of such requests.

Could you please furnish the requested information or provide an outline of the encountered delays in processing so I can ascertain any requests for an extension of time.

Yours faithfully,

Edward Foucault

FOI, National Library of Australia

Dear Mr Foucault,

Thank you for your email dated 15 June 2022.

I note that we have not yet received an FOI request from you. Please resend your FOI request (to this email address [NLA request email]) at your earliest convenience so that we can review the same.

I note that we did receive a request from you on 15 October 2021 (reference NLA21/12833), however it was our understanding that this matter was resolved in December 2021 when documents were provided to you by way of an administrative release. If your below email refers to this 2021 request, please advise which matters you consider remain outstanding so that we can seek to resolve them.

Kind regards,

Kate

FOI Officer

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Dear FOI,
This request was originally sent on 14th May 2022.

Dear National Library of Australia,

Under the legislation and procedures outlined therein please provide details of all FOI requests lodged with your organisation since July 1, 2021 that have contained sensitive identifying personal information which has not been removed, obscured or deleted prior to being released under the FOI request.

Please outline any correspondence / emails / reporting which has been undertaken to notify the responsible entities within your organisation of any of these potential FOI breaches and details of any corrective action that has been undertaken to correct these errors and recover any potential release of private information.

Yours faithfully,

Edward Foucault

Yours sincerely,

Edward Foucault

Legal, National Library of Australia

Thank you for your reply. Would it be possible to forward the original request made on 14 May please?

Kind regards
Jo

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Dear Legal,

It is contained in the previous reply.

"Dear National Library of Australia,

Under the legislation and procedures outlined therein please provide details of all FOI requests lodged with your organisation since July 1, 2021 that have contained sensitive identifying personal information which has not been removed, obscured or deleted prior to being released under the FOI request.

Please outline any correspondence / emails / reporting which has been undertaken to notify the responsible entities within your organisation of any of these potential FOI breaches and details of any corrective action that has been undertaken to correct these errors and recover any potential release of private information.

Yours faithfully,

Edward Foucault"

Yours sincerely,

Edward Foucault

Privacy, National Library of Australia

Dear Mr Foucault,

Unfortunately, if you are unable to forward the original time-stamped email that was sent to the Library’s FOI Coordinator, we cannot assess the submission or receipt date of your request and therefore the statutory timeframes under the Freedom of Information Act 1982 (FOI Act) will not be taken to have commenced.

Regardless, we are happy to assist you with the request extracted in your email yesterday. Based on your email, we note that it is not clear whether you are seeking access under the FOI Act or which documents (rather than general information) you are requesting the Library to provide.

If you are seeking access under the FOI Act to documents the Library holds, please ensure your request:
o states that it is an application for the purposes of the FOI Act; and
o provide sufficient information about the document(s) to enable the Library to identify them.

Please ensure you send your request in writing to the Library by email to [NLA request email] or by post or by delivering it to the following address:
FOI Coordinator
National Library of Australia
Parkes Place
Parkes ACT 2600

Prior to making an FOI request, you should always check whether the information you are seeking access to is already available through our Information Publication Scheme or in our FOI Disclosure Log. The Library’s FOI Disclosure Log lists information which has been released in response to an FOI request (dating back to requests received in 2017) in accordance with section 11C of the FOI Act. However, personal information and information about the business, commercial, financial or professional affairs of a person is deleted or redacted from the documents if publication of that information would be unreasonable. The Library manages personal information, including sensitive information, as defined in the Privacy Act 1988, in accordance with our Privacy Policy.

If you require further assistance with your request, please do not hesitate to contact me at [NLA request email].

Kind regards
Kate

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Dear Kate,

Thank you for your reply.

As it appears difficult to obtain any further information from the NLA in relation to my initial enquiry, I shall instead pursue an enquiry through the Australian Information Commissioner office. The above request is withdrawn.

Yours sincerely,

Edward Foucault

FOI, National Library of Australia

Dear Mr Foucault,

Whilst recognising that you have stated in your below email that you are withdrawing your request, if you wish to make a request as an application for the purposes of the Freedom of Information Act 1982 (FOI Act), we would like to assist you to formulate such a request.

However, as stated in our previous email, we are having some difficulty identifying the scope of your request. If you wish to proceed with your FOI request, could you please confirm if our below understanding of your request is correct?

We understand that you are requesting, as an application for the purposes of the FOI Act, access to:
(a) any documents relating to the disclosure of personal information (as defined in the Privacy Act 1988) within documents published on our FOI Disclosure Log in response to FOI requests received by the Library since 1 July 2021, where it was unreasonable to publish such personal information and publishing it resulted in a breach of the FOI Act; and
(b) any documents relating to internal notifications sent to the relevant Library branch (who owned the documents released) regarding the breaches of the FOI Act (if any) outlined in (a) above; and
(c) any documents relating to corrective actions taken by the Library to address the breaches (if any) outlined in (a) above and to remove access to the personal information.

If our above understanding is not correct, please let us know so that we can assist you further to formulate your FOI request. We would be happy to talk to you over the phone if this would be easier on 02 6262 1798.

If you do not wish to proceed further with your FOI request, you do not need to respond to this email and we will assume (after 14 days) that your request has been withdrawn.

Please note that if you think we have mishandled your personal information, you can lodge a privacy complaint with us (rather than a FOI request) in accordance with our Privacy Policy. If you wish to lodge a privacy complaint with the Library, we will require some additional information from you, including a brief description of the matter and why you think we have mishandled your personal information (what happened, when it happened and any consequences), any steps you would us to take to resolve the matter and how we can contact you.

Kind regards
Kate

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