Requests for Access to Telecommunications Metadata under 176A of the TIA since 3rd November, 2015

Gabor Szathmari made this Freedom of Information request to Attorney-General's Department

The request was refused by Attorney-General's Department.

From: Gabor Szathmari

Delivered

Dear Attorney-General's Department,

I am writing to request under the Freedom of Information Act, 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 on the 3rd November, 2015 at https://www.righttoknow.org.au/request/r...

I further request that any fees be waived due to the public interest in the matter.

Yours faithfully,
Gabor Szathmari

Link to this

From: FOI Requests
Attorney-General's Department


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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...

 

show quoted sections

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].

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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]

Link to this

From: FOI Requests
Attorney-General's Department


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56K Download


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...

 

show quoted sections

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]

Link to this

From: Gabor Szathmari

Delivered

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

Link to this

From: FOI Requests
Attorney-General's Department

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]  

 

show quoted sections

Link to this

From: FOI Requests
Attorney-General's Department


Attachment FOI16 111 Signed decision letter Mr Gabor Szathmari.pdf
1.2M Download View as HTML


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]

 

 

 

show quoted sections

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].

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