Our reference: FOIREQ22/00302

Dear Steven Roddis

Freedom of Information request

I refer to your request for access to documents made under the Freedom of
Information Act 1982 (Cth) (FOI Act).

You FOI request was received by the Office of the Australian Information
Commissioner (OAIC) on 25 September 2022. This means that a decision on
your FOI request is currently due on 25 October 2022.

Scope of your request

Your FOI request was made in the following terms:

In relation to
[1]https://www.optus.com.au/about/media-cen...

I request three pieces of information from the breach disclosure ("the
document") from Optus sent to OAIC in relation to this matter:

1. Time+Date that the "attack" was discovered by Optus 2. Time+Date that
the "attack" was "shut down" the media release state immediately.

3. If (ie. does the document contain) contains the number of people
affected.

If #1 is refused disclosure I request the difference in time between the
"attack" was discovered and what it was "shut down".

The rational being is that Optus has already disclosed this information
publicly ("immediately"), according to the dictionary "without any
intervening time or space".

Unless Optus has submitted different information to OAIC, there should be
no reason for the OAIC to refuse to release this information as Optus has
already.

I think the overriding public interest is obvious:
[2]https://www.scamwatch.gov.au/news-alerts...

In order to process your request as efficiently as possible, I will
exclude duplicates and early parts of email streams that are captured in
later email streams from the scope of this request, unless you advise me
otherwise.

We will not identify you as the FOI applicant during any consultation
process, unless we seek your permission. However, documents that are
within the scope of your request that we may need to consult third parties
about may contain your personal information.

Timeframes for dealing with your request

Section 15 of the FOI Act requires the OAIC to process your request no
later than 30 days after the day we receive it. However, section 15(6) of
the FOI Act allows us a further 30 days in situations where we need to
consult with third parties about certain information, such as business
documents or documents affecting their personal privacy.

The current decision due date for your request 25 October 2022. We will
advise you if this timeframe is otherwise extended.

Disclosure Log

Documents released under the FOI Act may be published online on our
disclosure log, unless they contain personal or business information that
would be unreasonable to publish.

If you would like to discuss your FOI request, please contact me on my
contact details set out below.

Yours sincerely

Molly

[3]O A I C logo   Molly Cooke | Lawyer

Legal Services

Office of the Australian
Information Commissioner

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

+61 2 9942 4296  |
[5][email address]
[9]Subscribe [10]Subscribe to
[6]Facebook | [7]LinkedIn | [8]Twitter |   icon Information
Matters

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.optus.com.au/about/media-cen...
2. https://www.scamwatch.gov.au/news-alerts...
3. https://www.oaic.gov.au/
4. https://aus01.safelinks.protection.outlo...
5. mailto:[email address]
6. https://aus01.safelinks.protection.outlo...
7. https://aus01.safelinks.protection.outlo...
8. https://aus01.safelinks.protection.outlo...
10. https://aus01.safelinks.protection.outlo...

OAIC reference: FOIREQ22/00302

Dear Mr Roddis

I refer to your request made under the Freedom of Information Act 1982
(Cth) (FOI Act) and received by the Office of the Australian Information
Commissioner (OAIC) on 25 September 2022.

Because your request covers documents which contain information concerning
an organisation’s business information, the OAIC is required to consult
organisations and individuals under s 27 of the FOI Act before making a
decision on release of the documents, in order to release this material to
you.

For this reason, the period for processing your request has been extended
by 30 days to allow time to consult (see s 15(6) of the FOI Act). The
processing period for your request will now end on 24 November 2022.

The consultation mechanism under s 27 applies when we believe the person
or organisation concerned may wish to contend that the requested documents
are exempt for reasons of personal privacy, or may adversely affect their
business or financial affairs.

We will take into account any comments we receive but the final decision
about whether to grant you access to the documents you requested rests
with OAIC.

Kind regards

Llewellyn

[1]O A I C logo   Llewellyn Horgan | Graduate

Office of the Australian Information Commissioner

GPO Box 5218 Sydney NSW 2001  |  oaic.gov.au

+61 2 9942 4234 |  [2][email address]

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/
2. mailto:[email address]

FOIREQ22/00302

Dear Mr Roddis,

Please find attached the decision in the above matter.

Kind regards,

[1][IMG] Toby Shanks | Paralegal

Legal Services

Office of the Australian
Information Commissioner

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

1300 363 992 |
[3][email address]
[4]Facebook | [5]LinkedIn | [6]Twitter | [7]Subscribe [8]Subscribe to
icon Information Matters

Notice:

The information contained in this email message and any attached files may
be confidential information, and may also be the subject of legal
professional privilege. If you are not the intended recipient any use,
disclosure or copying of this email is unauthorised. If you received this
email in error, please notify the sender by contacting the department's
switchboard on 1300 488 064 during business hours (8:30am - 5pm Canberra
time) and delete all copies of this transmission together with any
attachments.

References

Visible links
1. https://www.oaic.gov.au/
2. http://www.oaic.gov.au/
3. mailto:[email address]
4. http://www.facebook.com/OAICgov
5. https://www.linkedin.com/company/office-...
6. https://twitter.com/OAICgov
8. https://www.oaic.gov.au/media-and-speech...