Partnerships, engagement or other requests for access to images from home surveillance devices
Dear Australian Federal Police,
I am writing under the provisions of the Freedom of Information Act to request any documents relating to current partnerships or other arrangements between the AFP and any private manufacturers or distributors of home surveillance devices.
There are recent news reports that 400 law enforcement authorities in the United States have entered into partnership with Ring (a subsidiary of Amazon), allowing them access to view video recordings during active investigations. I wish to understand if any similar arrangements exist within Australia's law enforcement system.
In particular I request the following:
- Purchase orders, invoices, contracts, loan agreements, solicitation letters, correspondence with companies and other similar records regarding the methods by which law enforcement authorities can access video or still imagery from home surveillance devices;
- Marketing or promotional materials received by the AFP relating to home surveillance devices;
- All requests made by to the AFP by companies or government agencies to keep confidential any aspect of the use of or access to home surveillance devices, including any non-disclosure agreements;
- Legislation, codes of practice, policy statements, guides, manuals, memoranda, presentations, training materials or other records governing law enforcement authority's access to footage from home surveillance devices, including restrictions on when, where, how and against whom they may be used; limitations on retention and use of collected data; guidance on when a warrant or other legal process must be obtained; and rules governing when the existence and use of such access methods may be revealed to the public, criminal defendants, or judges.
Yours faithfully,
Tim Singleton Norton
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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UNCLASSIFIED
Good Morning
YOUR FREEDOM OF INFORMATION REQUEST
I refer to your application dated 30 August 2019, in which you seek access
to documents under the Freedom of Information Act 1982 (the Act) as
follows:
“I am writing under the provisions of the Freedom of Information Act to
request any documents relating to current partnerships or other
arrangements between the AFP and any private manufacturers or distributors
of home surveillance devices.
There are recent news reports that 400 law enforcement authorities in the
United States have entered into partnership with Ring (a subsidiary of
Amazon), allowing them access to view video recordings during active
investigations. I wish to understand if any similar arrangements exist
within Australia's law enforcement system.
In particular I request the following:
- Purchase orders, invoices, contracts, loan agreements, solicitation
letters, correspondence with companies and other similar records regarding
the methods by which law enforcement authorities can access video or
still imagery from home surveillance devices;
- Marketing or promotional materials received by the AFP relating to home
surveillance devices;
- All requests made by to the AFP by companies or government agencies to
keep confidential any aspect of the use of or access to home surveillance
devices, including any non-disclosure agreements;
- Legislation, codes of practice, policy statements, guides, manuals,
memoranda, presentations, training materials or other records governing
law enforcement authority's access to footage from home surveillance
devices, including restrictions on when, where, how and against whom they
may be used; limitations on retention and use of collected data; guidance
on when a warrant or other legal process must be obtained; and rules
governing when the existence and use of such access methods may be
revealed to the public, criminal defendants, or judges.”
Timeframe
Your request was received by this agency on 30 August 2019, and the 30 day
statutory period for processing your request commenced from that date. The
due date for your request is 29 September 2019.
Information considered irrelevant to the scope of your request
The AFP, in its management of FOI requests, excludes the following
information on the basis that is irrelevant to the scope of a 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 28
September 2019.
JODI (AFP22841)FOI OFFICER
CHIEF COUNSEL PORTFOLIO
Tel 02 5126 9366
[2]www.afp.gov.au
[3]Australian Federal Police
UNCLASSIFIED
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WARNING
This email message and any attached files may contain information
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UNCLASSIFIED
Dear Mr Norton,
I refer to your FOI request received by this agency on 30 August 2019.
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, due to a requirement to undertake further enquiries
with AFP line areas to ensure all relevant documents are located, it will
not be possible to advise you of a decision by date 29 September 2019.
Accordingly, pursuant to section 15AA of the Act, I seek your agreement to
extend the period to notify you of a decision to 29 October 2019.
I would be grateful if you would advise by return email 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 me.
Kind Regards,
SOPHIE (AFP20849)
FOI OFFICER
CHIEF COUNSEL
Tel +61(0) 2 51269366
[1]www.afp.gov.au
[2]Australian Federal Police
UNCLASSIFIED
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
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AFP Web site: http://www.afp.gov.au
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References
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Hi Sophie
Thank you for the response - I acknowledge and agree to the proposed extension of time.
Yours sincerely,
Tim Singleton Norton
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
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
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UNCLASSIFIED
Dear Mr Norton,
I refer to your FOI request with reference CRM2020/156.
By way of an update, please be advised we are still processing your
request, however, we are experiencing some delays in the provision of
advice from the relevant line areas. As the timeframe of your request is
due to expire on Tuesday 29 October 2019, I will be seeking an extension
of time from the Office of the Australian Information Commissioner (OAIC)
for an additional 21 days. If this extension is granted, it will extend
the due date to 19 November 2019. You will be notified by the OAIC of
their decision in relation to the extension request.
I apologise for the delay and we are endeavouring to finalise your request
as quickly as possible. If you have any queries in relation to this,
please do not hesitate to contact me.
Kind Regards,
SOPHIE (AFP20849)
FREEDOM OF INFORMATION
CHIEF COUNSEL
Tel +61(0) 2 51269366
[1]www.afp.gov.au
[2]Australian Federal Police
UNCLASSIFIED
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
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attached files is strictly forbidden, as is the disclosure of the
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UNCLASSIFIED
Dear Mr Norton,
Please find attached a letter of decision in relation to your FOI request
CRM2020/156.
Kind Regards,
SOPHIE (AFP20849)
FOI OFFICER
CHIEF COUNSEL PORTFOLIO
Tel +61(0) 2 51269366
[1]www.afp.gov.au
[2]Australian Federal Police
UNCLASSIFIED
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
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References
Visible links
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2. http://www.afp.gov.au/
Our reference: RQ19/02835
Agency reference: CRM2020/156
Mr Tim Norton
By email: [FOI #5609 email]
Extension of time under s 15AB
Dear Mr Norton
Please find attached my decision of the AFP’s request for an extension of
time.
Kind regards
[1]OAIC Shelley Napper | Review and
Investigation Adviser (Legal)
Freedom of information
Office of the Australian
Information Commissioner
GPO Box 5218 Sydney NSW 2001 |
[2]oaic.gov.au
+61 2 9284 9721 |
[3][email address]
[7]Subscribe [8]Subscribe to
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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 'Partnerships, engagement or other requests for access to images from home surveillance devices'.
I received notice that additional time had been granted to complete this request, which gave the updated date of 19 November 2019. That time has now long passed and I still have not received any further correspondence.
Please advise as to when the information will be provided, or if this lack of communication constitutes a refusal.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/p...
Yours faithfully,
Tim Singleton Norton
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.
**********************************************************************
WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
circulation, forwarding, printing or publication of this message or
attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
**********************************************************************
UNCLASSIFIED
Dear Mr Norton
I am not sure why you did not receive the decision regarding your request, however I attach the decision dated 31 October 2019.
regards
JACQUELINE ELLERY
PRINCIPAL FOI OFFICER/TEAM LEADER, FREEDOM OF INFORMATION
CHIEF COUNSEL
AUSTRALIAN FEDERAL POLICE
www.afp.gov.au
UNCLASSIFIED
-----Original Message-----
From: Tim Singleton Norton <[FOI #5609 email]>
Sent: Tuesday, 9 June 2020 10:25 AM
To: FOI <[email address]>
Subject: Internal review of Freedom of Information request - Partnerships, engagement or other requests for access to images from home surveillance devices
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 'Partnerships, engagement or other requests for access to images from home surveillance devices'.
I received notice that additional time had been granted to complete this request, which gave the updated date of 19 November 2019. That time has now long passed and I still have not received any further correspondence.
Please advise as to when the information will be provided, or if this lack of communication constitutes a refusal.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.righttoknow.org.au/request/p...
Yours faithfully,
Tim Singleton Norton
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WARNING
This email message and any attached files may contain information
that is confidential and subject of legal privilege intended only for
use by the individual or entity to whom they are addressed. If you
are not the intended recipient or the person responsible for
delivering the message to the intended recipient be advised that you
have received this message in error and that any use, copying,
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attached files is strictly forbidden, as is the disclosure of the
information contained therein. If you have received this message in
error, please notify the sender immediately and delete it from your
inbox.
AFP Web site: http://www.afp.gov.au
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