Insights into Information Access Series and FOI Activities in 2020
Explore key updates and trends in the field of Freedom of Information in 2020 through this comprehensive review. Learn about important regulations, data trends, applicant profiles, and guidance materials in the area of access to information, privacy, and data protection.
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Presentation Transcript
Information Access Series FOI in 2020: the year in review 24 February 2021
2 In today s presentation Updates from Public Access OVIC review decisions VCAT and Court decisions Freedom of Information | Privacy | Data Protection
3 Omnibus Regulations 2020 COVID-19 Omnibus (Emergency Measures) (Integrity Entities) Regulations 2020 Implemented on 19 May 2020 under the COVID-19 Omnibus (Emergency Measures) Act 2020 Launch of file sharing platform Freedom of Information | Privacy | Data Protection
4 Public Access Reviews Data and Trends Review applications received = 646 Review applications finalised = 712 Agencies involved = 119 Types of documents sought & Applicant profile Freedom of Information | Privacy | Data Protection
5 Public Access Reviews Trends continued Common outcomes Exemptions applied Increased timeliness Areas of focus - Section 33(1) Personal affairs information and privacy - Use of 25A(1) Diversion of an agency s resources Freedom of Information | Privacy | Data Protection
6 Public Access Complaints Data and Trends Complaints applications received = 552 Complaints applications finalised = 556 Applicant profile Freedom of Information | Privacy | Data Protection
7 Resources and Guidance material Practice Notes 18 Procedural Practice Notes 17 Exemption Practice Notes Agency templates 20 different templates Freedom of Information | Privacy | Data Protection
8 Resources and Guidance material Online learning Processing a request Introduction to the exemptions in Part IV of the FOI Act Access the online learning portal via elearning.ovic.vic.gov.au Additional training Administering the Freedom of Information Act 1982 Core exemptions in the Freedom of Information Act 1982 Advanced exemptions in the Freedom of Information Act 1982 Sign up for training via ovic.vic.gov.au/training-and-events/training/ Freedom of Information | Privacy | Data Protection
9 FOI Professional Standards Self-Assessment Tool Launched on 2 December 2020 1 year after the FOI Professional Standards were introduced The Tool is voluntary Takes approximately 15 20 minutes to complete Interactive document consisting of 91 statements, across the 10 themes Access and download a copy of the tool at: https://ovic.vic.gov.au/freedom-of-information/for- agencies/professional-standards-self-assessment- tool/?highlight=self%20assessment Freedom of Information | Privacy | Data Protection
10 Upcoming events Information Access Series webinar on Thursday 11 March Plain English and clear communication for FOI practitioners Please have a look at all the events and register via our website: www.ovic.vic.gov.au Freedom of Information | Privacy | Data Protection
11 Published review decisions 414 decisions now published on OVIC website Victorian Information Commissioner s AustLII page accessed almost 46,000 times in the past 12 months Decisions can be accessed at: https://ovic.vic.gov.au/decision/ https://www.austlii.edu.au/cgi-bin/viewdb/au/cases/vic/VICmr/ Freedom of Information | Privacy | Data Protection
12 Overview of OVIC review decisions in 2020 Freedom of Information | Privacy | Data Protection
13 COVID-19 'BV3' and Department of Health and Human Services (Freedom of Information) [2020] VICmr 204 (22 July 2020) COVID-19 case data Sections 25A(5) and 33(1) The Public Access Deputy Commissioner was satisfied the need to protect sensitive health and personal affairs information of the third parties outweighed the Applicant s personal interest; noting the volume of publicly available information on this topic Freedom of Information | Privacy | Data Protection
14 Sections 33(1) and 35(1)(b) CG1 and Racing Victoria Limited (Freedom of Information) [2020] VICmr 304 (28 October 2020) Betting data of third party Impact of another Act Disclosure not contrary to the public interest However, release of the personal affairs information unreasonable Freedom of Information | Privacy | Data Protection
15 'BD2' and Bairnsdale Regional Health Service (Freedom of Information) [2020] VICmr 35 (21 February 2020) People Matter Survey results Satisfied specific survey results were communicated in confidence Not satisfied the theoretical framework underpinning the survey measures is information or matter communicated to the agency in confidence for the purposes of section 35(1)(b) Release in part Freedom of Information | Privacy | Data Protection
16 Section 30(1) 'BN2' and Department of Treasury and Finance (Freedom of Information) [2020] VICmr 127 (6 May 2020) Ministerial briefings and correspondence relating to a major public transport infrastructure project Access refused under sections 28(1)(b), 28(1)(ba) and 30(1) Section 28 applied Decision maker not satisfied release of certain information would be contrary to public interest Freedom of Information | Privacy | Data Protection
17 Section 30(1) 'BN2' and Department of Treasury and Finance (Freedom of Information) [2020] VICmr 127 (6 May 2020) access to information on government decision making, particularly the expenditure of public funds, serves the public interest and promotes openness and accountability in the public sector. I do not accept disclosure will necessarily cause ill-informed debate given the capacity of the public to understand the nature of government s role in considering issues and making decisions on its behalf on a wide variety of issues and future projects. Freedom of Information | Privacy | Data Protection
18 Section 31(1) CCTV footage CG3' and Victoria Police (Freedom of Information) [2020] VICmr 306 (30 October 2020) Access to CCTV footage Refused under sections 31(1)(a), 31(1)(e), 31(1)(b) and 33(1) Court proceedings pending Public interest factors not a consideration CCTV footage exempt in full under section 31(1)(b) Freedom of Information | Privacy | Data Protection
19 Section 38 Common applications reviewed in 2020: - Child protection documents Children Youth and Families Act 2005 (Vic) - Prison-related documents Corrections Act 1986 (Vic) - Law enforcement documents Crimes Act 1958 (Vic) - 000 calls section 33(2) of the Emergency Services Telecommunications Authority Act 2004 (Vic) - Information provided to the Coroners Court section 115(6) Coroners Act 2008 (Vic) - Health records Health Services Act 1988 (Vic) and in reference to the definition of Senior Available Next of Kin in the Human Tissue Act 1982 (Vic) Freedom of Information | Privacy | Data Protection
20 Section 33(1) release of staff names Case by case Seniority not determinative Consultation and context are key Determining whether the personal affairs information of an agency officer is exempt under section 33(1) must be considered in the context of the particular circumstances of each matter. Where information appears in the context of Agency officers performing their professional duties or work responsibilities as a public servant, in the absence of special circumstances, disclosure of such information would likely not be unreasonable. Freedom of Information | Privacy | Data Protection
21 Overview of 2020 Tribunal and Court decisions EBT v Monash University (Review and Regulation) [2020] VCAT 440 (3 April 2020) McKechnie v VCAT & Anor [2020] VSC 454 (7 August 2020) CityLink Melbourne Limited v Department of Transport (Review and Regulation) [2020] VCAT 1078 (2 October 2020) Mulder v Victoria Police (Review and Regulation) [2020] VCAT 1250 (10 November 2020) Freedom of Information | Privacy | Data Protection
22 EBT v Monash University (Review and Regulation) [2020] VCAT 440 (3 April 2020) Freedom of Information (Access Charges) Regulations 2014 Sections 19 and 22(1)(h) of the FOI Act Electronic documents (emails) are available in discrete form Access charges set aside and refunded to the applicant Freedom of Information | Privacy | Data Protection
23 McKechnie v VCAT & Anor [2020] VSC 454 (7 August 2020) Section 17 of the FOI Act Judicial review No major shift in the law Key issue: was there a valid request? Freedom of Information | Privacy | Data Protection
24 CityLink Melbourne Limited v Department of Transport (Review and Regulation) [2020] VCAT 1078 (2 October 2020) Section 34(1)(b) and 34(4) of the FOI Act VCAT accepted CityLink and DoT evidence that the information was still current, confidential and sensitive enough to unreasonably disadvantage DoT in future negotiations with CityLink Freedom of Information | Privacy | Data Protection
25 Mulder v Victoria Police (Review and Regulation) [2020] VCAT 1250 (10 November 2020) Section 33(1): Although VCAT accepted the applicant did not intend to contact these people or pass on the content of the documents, VCAT noted the applicant could do so because release of documents under the FOI Act is unrestricted Freedom of Information | Privacy | Data Protection
27 Contact us OVIC contact details T: 1300 00 6842 E: enquiries@ovic.vic.gov.au www.ovic.vic.gov.au Freedom of Information | Privacy | Data Protection
