Other Information
FOI Solutions training deferred
Due to the advent of the COVID-19 virus and its dramatic impact on the mobility of the community, FOI Solutions has taken the decision to defer any training to a future date which is yet to be determined.
The good news, however, is that once the training sessions are up and running again, bookings will be able to be made online on our new website.
Question time
Q: Can an agency charge for search time if the document is not released?
A: Subject to some exceptions, ss 20(1)(b) and 22(1) of the Freedom of Information Act 1982 (Vic) ("FOI Act") require an applicant to pay access charges before access to a document can be given. The use of the word “access” in ss 20(1)(b) and 22(1) of the FOI Act means that the obligation to pay access charges only arises with respect to documents where access is given either in full or in part under the FOI Act. Where a document is refused in full based on applicable exemptions under the Act, the agency cannot charge the applicant for the time taken to search for the exempt document under Items 1 or 7 of the Freedom of Information (Access Charges) Regulations 2014.
It is important to be aware of this when preparing a decision letter that involves documents being exempt in full, particularly when a deposit notice has already been sent to the applicant that estimates the total access charges on the assumption that access will be given. Where some documents are exempt in full and some documents are released in full or in part, the actual access charges payable will be less than the amount quoted in the deposit notice to discount the search time for the exempt documents. Where all documents are exempt there will be no access charges payable and any deposit amount paid should be reimbursed to the applicant.
Q: De-identifying information: when is it no longer personal?
A: Under the Privacy and Data Protection Act 2014 (Vic) personal information is considered de-identified if it no longer relates to: a) an identifiable individual or b) an individual who can be reasonably identified.
It is important to keep in mind that a person may still be ‘reasonably identified’ after obvious identifying information has been removed from a document, such as the person’s name, signature, address and contact information. There will be circumstances where the remaining information either alone or when combined with other available information is still enough to enable the person to be reasonably identified.
For example, anonymous opinions about an unnamed person could still identify the author and/or the subject if the reader has additional contextual information such as gender, age and location where the opinions were expressed.
Decisions about whether information is personal information should be made on a case-by-case basis with reference to the circumstances and specific context of your situation, such as who will have access to the information and what other information will likely be available for re-identification.
If you would like assistance with de-identifying information or would like further guidance about the factors relevant to your situation please contact us.