Ministerial correspondence - Google Apple Exposure Notifications API

Response to this request is delayed. By law, Digital Transformation Agency should normally have responded promptly and by (details)

Dear Digital Transformation Agency,

I write to request under the Freedom of Information Act any documents (including, but not limited to, emails, briefing notes, minutes, letters) sent to the office of Minister Stuart Robert and/or the Prime Minister which refer to Apple or Google's Exposure Notification APIs.

Yours faithfully,

Concerned Citizen

DTA FOI, Digital Transformation Agency

OFFICIAL

Dear Concern Citizen

DTA is currently experiencing a high volume of FOI requests and we apologies for the delay in responding to your request below.

In response to your request dated 12 October 2021 in which you requested under the Freedom of Information Act 1982 (the FOI Act) access to:

'any documents (including, but not limited to, emails, briefing notes, minutes, letters) sent to the office of Minister Stuart Robert and/or the Prime Minister which refer to Apple or Google's Exposure Notification APIs.'

I wish to inform you that your request contains information relating to third parties. As a result, DTA is required to consult.

Notice of Consultation

Your request covers a document relating to the business, commercial or financial affairs of an organization. Accordingly, DTA is required to consult with the organisation concerned before making a decision on the release of this document.

Section 27 of the FOI Act provides that if a request is made to an agency for access to a document containing business information organisation, and it appears to the agency that the organization might reasonably wish to make a contention that the document is exempt under section 47 (trade secrets etc), or section 47G (business information) of the FOI Act, then the agency must not decide to give access to the document unless the organisation concerned is given a reasonable opportunity to make submissions in support of their contention, if it is reasonably practicable to do so.

The DTA will take into account any comments we receive from the organisation. However, the final decision on whether to grant access to the document requested rests with DTA.

Extension of time to process the request In accordance with section 15(6) of the FOI Act, the period for processing your request has been extended by an additional 30 days in order to allow DTA time to consult with the organisation. The processing period for this request will now end on 12 December 2021.

If you have any questions, please don’t hesitate to contact me directly

Regards
Suzie Sazdanovic
FOI and Privacy Manager
Phone: 02 6120 8595

OFFICIAL

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Dear DTA FOI,

Thank you for responding to my request. I understand the need to consult with third parties. However, the Office of the Australian Information Commissioner's guidelines for processing FOI requests requires that the "agency or minister must inform applicant of extension as soon as practicable (s 15(6)(b))". Given that I made my request on the 12th of October then you have failed to inform me about the extension "as soon as possible" as required by the guidelines.

I would appreciate it if you are able to consult any third parties and reach a decision as soon as possible.

Yours sincerely,

Concerned Citizen

DTA FOI, Digital Transformation Agency

OFFICIAL

Dear Concern Citizen

Thank you for your email.

As previously advised, DTA is a small Agencies and is currently experiencing a high volume of FOI requests. So, I apologies for not responding sooner.

Please be assured that we are trying to process all our FOI request, as quickly as we can.

If you would like to get a status on your request, at any time, please don't hesitate to contact me directly. My direct contact details are provided below for your convenience.

Thank you for understanding.

Regards
Suzie Sazdanovic
FOI and Privacy Manager
Phone: 02 6120 8595

OFFICIAL

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