UNCLASSIFIED

Dear Gabor Szathmari, 

Freedom of Information Request FOI 16/111

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to documents relating to applications under the
Telecommunications (Interception and Access) Act. I have taken your
request to be for:

“copies of any correspondence with the department in which a body or
agency not authorised under 176A of the Telecommunications (Interception
and Access) Act to access telecommunications metadata:

-          Requests such authorisation either by seeking to be declared an
enforcement agency under the Act, or

-          Seeks authorisation external to 176A(3)

… since a similar Freedom of Information request made on 3 November 2015
(FOI 15/216)”

If you disagree with this interpretation of your request, please let me
know as soon as possible.

We received your request on 10 August 2016 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 10 September 2016. The
period of 30 days may be extended if we need to consult third parties or
for other reasons. We will advise you if this happens.

It is the usual practice of the department to not disclose the names and
contact details of junior officers of the department and other government
agencies, where that personal information is contained in documents within
the scope of a request.  The names and contact details of senior officers
will generally be disclosed.  We will take it that you agree to the
removal of junior officers’ personal information unless you advise that
you would like us to consider releasing that information as part of the
documents you have requested.

Please note that information released under the FOI Act may later be
published online on our disclosure log
[1]http://www.ag.gov.au/RightsAndProtection...,
subject to certain exceptions. (For example, personal information will not
be published where this would be unreasonable.)

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.

If you have any questions, please contact the Freedom of Information team
by telephone on (02) 6141 6666 or by email [2][AGD request email].

Yours sincerely,

 

FOI Officer

Freedom of Information and Privacy Section | Office of Corporate Counsel

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (2) 6141 6666  E: [3][AGD request email]   

 

[4]http://webdrawer/webdrawer/webdrawer.dll...

 

--------------------------------------------------------------------------

If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

--------------------------------------------------------------------------

References

Visible links
1. http://www.ag.gov.au/RightsAndProtection...
2. file:///C:\Users\brownfr\AppData\Local\Hewlett-Packard\HP%20TRIM\TEMP\HPTRIM.5568\[AGD request email]
3. mailto:[AGD request email]

hide quoted sections

UNCLASSIFIED

Dear Gabor Szathmari

 

I refer to your request under the Freedom of Information Act 1982 (the FOI
Act) for access to documents relating to applications under the
Telecommunications (Interception and Access) Act 1979. As per the previous
email below, we have taken your request to be for:

“copies of any correspondence with the department in which a body or
agency not authorised under 176A of the Telecommunications (Interception
and Access) Act to access telecommunications metadata:

-          Requests such authorisation either by seeking to be declared an
enforcement agency under the Act, or

-          Seeks authorisation external to 176A(3)

… since a similar Freedom of Information request made on 3 November 2015
(FOI 15/216)”

I am writing to you to seek clarification as to exactly what type of
documents you are seeking.

 

I note that the document released by this department under FOI15/216 was a
partially redacted list of agencies which had applied to be listed as
enforcement agencies as at 3 November 2015.  This was on the basis that
the applicant for FOI15/216 agreed to receive a document that listed those
agencies.

 

However, the wording of your request covers ‘copies of any communication
with the department in which …’.  Strictly speaking, this wording could
imply that you are seeking any communication related to agencies applying
to access telecommunications metadata.  This would include internal emails
within this department, correspondence between this department and
external agencies/entities/individuals, as well as internal working
documents of the department. 

 

If your request is narrowed to be treated in the same way as FOI15/216,
then subject to any consultations found to be necessary for the purposes
of processing your request, the department would anticipate being able to
provide you with a decision within the normal statutory timeframes for
processing your request.  If you are seeking more information than this,
the department would need to consider how long it would require to
consider all documents within the scope of your request, and would
potentially consider whether it would be practical to process the request
in that form.

 

Could you please advise if you would agree to limit your request such that
it would be considered in the same way as FOI15/216, such that your
request would cover the names of agencies which had applied to be listed
as enforcement agencies, and exclude communications prepared for the
purposes of assessing any applications received from bodies or agencies,
or related purposes?

 

Regards,

 

FOI Officer

Freedom of Information and Privacy Section | Strategy and Delivery
Division

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (2) 6141 6666  E: [1][AGD request email]   

 

From: FOI Requests
Sent: Monday, 22 August 2016 4:56 PM
To: [FOI #2122 email]
Cc: FOI Requests
Subject: Freedom of Information request FOI 16/100 - Acknowledgement of
receipt of request [SEC=UNCLASSIFIED]

 

UNCLASSIFIED

Dear Gabor Szathmari, 

Freedom of Information Request FOI 16/111

I refer to your request under the Freedom of Information Act 1982 (FOI
Act) for access to documents relating to applications under the
Telecommunications (Interception and Access) Act. I have taken your
request to be for:

“copies of any correspondence with the department in which a body or
agency not authorised under 176A of the Telecommunications (Interception
and Access) Act to access telecommunications metadata:

-          Requests such authorisation either by seeking to be declared an
enforcement agency under the Act, or

-          Seeks authorisation external to 176A(3)

… since a similar Freedom of Information request made on 3 November 2015
(FOI 15/216)”

If you disagree with this interpretation of your request, please let me
know as soon as possible.

We received your request on 10 August 2016 and the 30 day statutory period
for processing your request commenced from the day after that date. You
should therefore expect a decision from us by 10 September 2016. The
period of 30 days may be extended if we need to consult third parties or
for other reasons. We will advise you if this happens.

It is the usual practice of the department to not disclose the names and
contact details of junior officers of the department and other government
agencies, where that personal information is contained in documents within
the scope of a request.  The names and contact details of senior officers
will generally be disclosed.  We will take it that you agree to the
removal of junior officers’ personal information unless you advise that
you would like us to consider releasing that information as part of the
documents you have requested.

Please note that information released under the FOI Act may later be
published online on our disclosure log
[2]http://www.ag.gov.au/RightsAndProtection...,
subject to certain exceptions. (For example, personal information will not
be published where this would be unreasonable.)

We will contact you using the email address you provided. Please advise if
you would prefer us to use an alternative means of contact.

If you have any questions, please contact the Freedom of Information team
by telephone on (02) 6141 6666 or by email [3][AGD request email].

Yours sincerely,

 

FOI Officer

Freedom of Information and Privacy Section | Office of Corporate Counsel

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (2) 6141 6666  E: [4][AGD request email]   

 

[5]http://webdrawer/webdrawer/webdrawer.dll...

 

--------------------------------------------------------------------------

If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

--------------------------------------------------------------------------

References

Visible links
1. mailto:[AGD request email]
2. http://www.ag.gov.au/RightsAndProtection...
3. file:///C:\Users\brownfr\AppData\Local\Hewlett-Packard\HP%20TRIM\TEMP\HPTRIM.5568\[AGD request email]
4. mailto:[AGD request email]

hide quoted sections

UNCLASSIFIED

Hello Gabor

 

Thank you for your email, we appreciate the quick response.  The
Attorney‑General’s Department will process your request on that basis.

 

Kind regards,

 

FOI Officer

Freedom of Information and Privacy Section | Strategy and Delivery
Division

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600

T: +61 (2) 6141 6666  E: [AGD request email]  

 

-----Original Message-----
From: Gabor Szathmari
[mailto:[FOI #2122 email]]
Sent: Monday, 29 August 2016 5:05 PM
To: FOI Requests
Subject: RE: Freedom of Information request FOI 16/100 - Acknowledgement
of receipt of request [SEC=UNCLASSIFIED]

 

Dear FOI Requests,

 

What I am after is the changes to the list of agencies published in
FOI15/216. I would like to know which agencies have applied to access
'telecommunications data' since the list published as part of FOI15/216.

 

Yours sincerely,

 

Gabor Szathmari

 

-----Original Message-----

 

UNCLASSIFIED

 

Dear Gabor Szathmari

 

 

 

I refer to your request under the Freedom of Information Act 1982 (the FOI

Act) for access to documents relating to applications under the 
Telecommunications (Interception and Access) Act 1979. As per the
previous  email below, we have taken your request to be for:

 

“copies of any correspondence with the department in which a body or 
agency not authorised under 176A of the Telecommunications (Interception 
and Access) Act to access telecommunications metadata:

 

-          Requests such authorisation either by seeking to be declared
an  enforcement agency under the Act, or

 

-          Seeks authorisation external to 176A(3)

 

… since a similar Freedom of Information request made on 3 November 2015 
(FOI 15/216)”

 

I am writing to you to seek clarification as to exactly what type of 
documents you are seeking.

 

 

 

I note that the document released by this department under FOI15/216 was
a  partially redacted list of agencies which had applied to be listed as 
enforcement agencies as at 3 November 2015.  This was on the basis that 
the applicant for FOI15/216 agreed to receive a document that listed
those  agencies.

 

 

 

However, the wording of your request covers ‘copies of any communication 
with the department in which …’.  Strictly speaking, this wording could 
imply that you are seeking any communication related to agencies applying 
to access telecommunications metadata.  This would include internal
emails  within this department, correspondence between this department
and  external agencies/entities/individuals, as well as internal working 
documents of the department. 

 

 

 

If your request is narrowed to be treated in the same way as FOI15/216, 
then subject to any consultations found to be necessary for the purposes 
of processing your request, the department would anticipate being able to 
provide you with a decision within the normal statutory timeframes for 
processing your request.  If you are seeking more information than this, 
the department would need to consider how long it would require to 
consider all documents within the scope of your request, and would 
potentially consider whether it would be practical to process the request 
in that form.

 

 

 

Could you please advise if you would agree to limit your request such
that  it would be considered in the same way as FOI15/216, such that your 
request would cover the names of agencies which had applied to be listed 
as enforcement agencies, and exclude communications prepared for the 
purposes of assessing any applications received from bodies or agencies, 
or related purposes?

 

 

 

Regards,

 

 

 

FOI Officer

 

Freedom of Information and Privacy Section | Strategy and Delivery 
Division

 

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600

T: +61 (2) 6141 6666  E: [1][AGD request email]   

 

 

 

From: FOI Requests

Sent: Monday, 22 August 2016 4:56 PM

To: [FOI #2122 email]

Cc: FOI Requests

Subject: Freedom of Information request FOI 16/100 - Acknowledgement of 
receipt of request [SEC=UNCLASSIFIED]

 

 

 

UNCLASSIFIED

 

Dear Gabor Szathmari, 

 

Freedom of Information Request FOI 16/111

 

I refer to your request under the Freedom of Information Act 1982 (FOI

Act) for access to documents relating to applications under the 
Telecommunications (Interception and Access) Act. I have taken your 
request to be for:

 

“copies of any correspondence with the department in which a body or 
agency not authorised under 176A of the Telecommunications (Interception 
and Access) Act to access telecommunications metadata:

 

-          Requests such authorisation either by seeking to be declared
an  enforcement agency under the Act, or

 

-          Seeks authorisation external to 176A(3)

 

… since a similar Freedom of Information request made on 3 November 2015 
(FOI 15/216)”

 

If you disagree with this interpretation of your request, please let me 
know as soon as possible.

 

We received your request on 10 August 2016 and the 30 day statutory
period  for processing your request commenced from the day after that
date. You  should therefore expect a decision from us by 10 September
2016. The  period of 30 days may be extended if we need to consult third
parties or  for other reasons. We will advise you if this happens.

 

It is the usual practice of the department to not disclose the names and 
contact details of junior officers of the department and other government 
agencies, where that personal information is contained in documents
within  the scope of a request.  The names and contact details of senior
officers  will generally be disclosed.  We will take it that you agree to
the  removal of junior officers’ personal information unless you advise
that  you would like us to consider releasing that information as part of
the  documents you have requested.

 

Please note that information released under the FOI Act may later be 
published online on our disclosure log 
[2][1]http://www.ag.gov.au/RightsAndProtection...,

subject to certain exceptions. (For example, personal information will
not  be published where this would be unreasonable.)

 

We will contact you using the email address you provided. Please advise
if  you would prefer us to use an alternative means of contact.

 

If you have any questions, please contact the Freedom of Information team 
by telephone on (02) 6141 6666 or by email [3][AGD request email].

 

Yours sincerely,

 

 

 

FOI Officer

 

Freedom of Information and Privacy Section | Office of Corporate Counsel

 

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600

T: +61 (2) 6141 6666  E: [4][AGD request email]   

 

 

 

[5][2]http://webdrawer/webdrawer/webdrawer.dll...

 

 

 

Privacy Collection Notice

 

When you make a request for documents or an inquiry about privacy
matters,  the Attorney-General s Department will only collect your
personal  information where it is reasonably necessary for, or directly
related to,  our functions under the Freedom of Information Act 1982 or
the Privacy Act  1988. We may collect your name, email address and
telephone number so that  we can contact you about your request under the
Freedom of Information Act  for access to documents or access to, or
correction of, personal  information; or a complaint you have made or your
request for access to,  or correction of, personal information under the
Privacy Act. If your  request concerns your personal information, we will
collect the minimum  amount of evidence necessary to verify your identity.
The handling of your  personal information is protected by the Privacy Act
1988 and our privacy  policy is available at
[3]http://www.ag.gov.au/Pages/Privacystatem....

If you have an enquiry or complaint about your privacy, please contact
the  Privacy Contact Officer on 02 6141 2660 or via e-mail [email
address].

 

--------------------------------------------------------------------------

 

References

 

Visible links

1. [4]mailto:[AGD request email]

2.
[5]http://www.ag.gov.au/RightsAndProtection...

3.
[6]file:///C:\Users\brownfr\AppData\Local\Hewlett-Packard\HP%20TRIM\TEMP\HPTRIM.5568\[AGD
request email]  4. [7]mailto:[AGD request email]

 

-------------------------------------------------------------------

Please use this email address for all replies to this request:

[8][FOI #2122 email]

 

This request has been made by an individual using Right to Know. This
message and any reply that you make will be published on the internet.
More information on how Right to Know works can be found at:

[9]https://www.righttoknow.org.au/help/offi...

 

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

 

-------------------------------------------------------------------

 

--------------------------------------------------------------------------

If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-Generals Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

--------------------------------------------------------------------------

References

Visible links
1. http://www.ag.gov.au/RightsAndProtection...
2. http://webdrawer/webdrawer/webdrawer.dll...
3. http://www.ag.gov.au/Pages/Privacystatem...
4. mailto:[agd
5. http://www.ag.gov.au/RightsAndProtection...
6. file:///C:\Users\brownfr\AppData\Local\Hewlett-Packard\HP%20TRIM\TEMP\HPTRIM.5568\%5bAGD
7. mailto:[agd
8. mailto:[FOI #2122 email]
9. https://www.righttoknow.org.au/help/offi...

[ Right To Know note: The above text was badly encoded, and has had strange characters removed. ]

hide quoted sections

UNCLASSIFIED

Good afternoon Gabor Szathmari,

Please find attached the decision in regards to your FOI request FOI
16/111.

Regards,

 

 

FOI Officer

Freedom of Information and Privacy Section | Strategy and Delivery

Attorney-General's Department | 3 - 5 National Circuit, Barton ACT 2600
T: +61 (02) 6141 6666  E: [1][AGD request email]

 

 

 

--------------------------------------------------------------------------

If you have received this transmission in error please
notify us immediately by return e-mail and delete all
copies. If this e-mail or any attachments have been sent
to you in error, that error does not constitute waiver
of any confidentiality, privilege or copyright in respect
of information in the e-mail or attachments.

--------------------------------------------------------------------------

--------------------------------------------------------------------------

Privacy Collection Notice

When you make a request for documents or an inquiry about privacy matters,
the Attorney-General’s Department will only collect your personal
information where it is reasonably necessary for, or directly related to,
our functions under the Freedom of Information Act 1982 or the Privacy Act
1988. We may collect your name, email address and telephone number so that
we can contact you about your request under the Freedom of Information Act
for access to documents or access to, or correction of, personal
information; or a complaint you have made or your request for access to,
or correction of, personal information under the Privacy Act. If your
request concerns your personal information, we will collect the minimum
amount of evidence necessary to verify your identity. The handling of your
personal information is protected by the Privacy Act 1988 and our privacy
policy is available at http://www.ag.gov.au/Pages/Privacystatem....
If you have an enquiry or complaint about your privacy, please contact the
Privacy Contact Officer on 02 6141 2660 or via e-mail [email address].

--------------------------------------------------------------------------

References

Visible links
1. mailto:[AGD request email]

hide quoted sections