Privacy impact statements created within ATO since 1 July 2016

Bill Tarte made this Freedom of Information request to Australian Taxation Office

The request was refused by Australian Taxation Office.

From: Bill Tarte

Delivered

FOI Contact Officer
Freedom of Information
Australian Taxation Office
GPO Box 4889
SYDNEY NSW 2001

Dear FOI Officer,

Request under the Freedom of Information Act 1982
Privacy impact statements created within ATO since 1 July 2016
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I request access to a copy of the privacy impact assessments created within the ATO since 1st of July 2016. If any PIA's were provided in a combined report, I request access only to that part of the report relating to the PIA.

If you require any further information regarding the documents I seek, please let me know. The electronic address at righttoknow.org.au that is associated with this email is the relevant address for the purposes of section 15(2)(c) of the FOI Act.

Yours faithfully,

Bill Tarte

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From: FOI
Australian Taxation Office

 
Dear Mr Tarte,
 
The ATO does not process FOI requests received via righttoknow.org.au.
Please send your FOI request direct to [1][ATO request email], or lodge via
paper form available at
[2]https://www.ato.gov.au/uploadedFiles/Con....
Alternatively, you can contact the ATO on 13 28 69 and ask for Freedom of
Information.
 
 
Regards,
 
FOI team
 
 
 

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References

Visible links
1. mailto:[ATO request email]
2. https://www.ato.gov.au/uploadedFiles/Con...

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From: Bill Tarte

Delivered

Dear Australian Taxation Office,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Australian Taxation Office's handling of my FOI request 'Privacy impact statements created within ATO since 1 July 2016'.

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,

Bill Tarte

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James Baldwin left an annotation ()

Hi Bill,

Looking at past matters for the ATO, I think you may be better off just going to the Information Commissioner, and saying you haven't asked the ATO for internal review because they simple don't accept requests through this site.

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From: FOI
Australian Taxation Office

Dear Mr Tarte,
 
The ATO does not process FOI requests received via righttoknow.org.au.
Please send your FOI request direct to [1][ATO request email], or lodge via
paper form available at
[2]https://www.ato.gov.au/uploadedFiles/Con....
Alternatively, you can contact the ATO on 13 28 69 and ask for Freedom of
Information.
 
 
Regards,
 
FOI team
 
 
 

show quoted sections

References

Visible links
1. mailto:[ATO request email]
2. https://www.ato.gov.au/uploadedFiles/Con...

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Bill Tarte left an annotation ()

I have requested this again through an anonymous emailer and will update this with responses.

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Locutus Sum left an annotation ()

Also it is useful to complain to the Australian Information Commissioner.

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Ben Fairless left an annotation ()

This request was set to "Delvery Failure" but there was no failure in the delivery of the messages - the ATO simply refused to process the request.

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Bill Tarte left an annotation ()

I have switched it to refused as you are right that that is essentially what they have done.

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Ben Fairless left an annotation ()

The Information Commissioner has made a formal recommendation to the ATO to start processing to Freedom of Information requests made via Right to Know. More Information on this can be found here: https://www.openaustraliafoundation.org....

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Locutus Sum left an annotation ()

My comment is an addition to the comments by Mr. Fairless. I also make a specific suggestion.

Although the Australian Taxation Office wrote to the applicant to say that the Office would not process the application, something did happen. The thing that happened was that 30 days after the date when the application was lodged, section 15AC(3) of the Freedom of Information Act 1982 (Cth) had the effect of making a "deemed decision" to refuse the request ... this is unless the Commissioner grants more time.

Because of the effect of the Act, I make the following suggestions to the applicant:
(1) Do not write to the Australian Taxation Office and complain that a decision on your request is "overdue". It is not. A deemed decision was made 30 days after you lodged the application.
(2) Instead, use this Right to Know page (or you can create a new request page) to write exactly the same request to the Australian Taxation Office. If you want to grumble, then you can always say (in the new request email) that you made the same request earlier on this-and-then date.

I make this suggestion because if you only write and complain that your request is "overdue", then after a delay, the Australian Taxation Office might (correctly) write back to you and say, "No it is not". Of course, the purpose of this would be to delay to process your request (because the office will now have suddenly a lot of requests) but it will still have the effect that you must lodge a new request. Therefore, you can lose nothing to use this Right to Know page to make a new request now! It will start the clock again.

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Bill Tarte left an annotation ()

I redid this FOI privately and got a 24A decision on what I was interested in, the PIA's for these https://www.ato.gov.au/General/Gen/Data-... . So they do not have any PIA's related directly to these. If anyone would like a copy, send a message through the messages system here to me and I can forward them.

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Things to do with this request

Anyone:
Australian Taxation Office only: