15 June 2013


It will be interesting to see the response to Geordie Guy's FOI request to the Office of the Australian Information Commissioner regarding the OAIC statement - or non-statement - about PRISM -
On Wednesday the 12th of June 2013 the privacy commissioner Timothy Pilgrim made a statement titled "US surveillance program — Statement from Australian Privacy Commissioner, Timothy Pilgrim". In that statement, the commissioner makes a number of comments regarding privacy in Australia and recent reports of widespread warrantless surveillance in the United States.
I am writing to request under the act, documents be disclosed that meet the following descriptions.
  • Drafts of this statement, as well as any internal correspondence regarding its content 
  • Requests either from the OAIC or other government departments or bodies that the OAIC and/or the privacy commissioner make such a public statement or any statement regarding media reports of US surveillance revelations 
  • Legal advice or other general advice that the OAIC has sought or received unsolicited, that concern the legal status or legal implications of recent US surveillance revelations 
  • Any documents which provide further detail regarding the aforementioned surveillance programs
The Privacy Commissioner's statement read -
Reports on the surveillance of the communications and online activity of citizens by US intelligence agencies have raised a number of questions, including what this means for the privacy of individuals.
Privacy is a fundamental human right, recognised in international law and protected under Australian laws such as the federal Privacy Act and telecommunications laws. However, the right to privacy is not absolute – it must be balanced against other important rights and ideals, such as freedom of expression and national security.
In Australia, the federal Privacy Act and telecommunications laws recognise this and include a number of exemptions and exceptions for intelligence and law enforcement agencies and their activities. For example, the Privacy Act includes limited exceptions that allow government agencies and private sector organisations covered by the Act to use and disclose personal information for the enforcement of criminal laws, or where the use or disclosure is required or authorised by or under Australian law.
The Privacy Act can extend to an act or practice that occurs outside Australia in certain circumstances. However, the Act also provides that an act or practice of an organisation done outside Australia does not breach the Privacy Act if it is required by an overseas law. Further, the Privacy Act will generally not cover the acts and practices of overseas government agencies.
Article 17 of the International Covenant on Civil and Political Rights establishes privacy as a human right.