The role of information commissioner differs from nation to nation. Most commonly it is a title given to a government regulator in the fields of freedom of information and the protection of personal data in the widest sense. The office often functions as a specialist ombudsman service.
25-846: The Office of the Australian Information Commissioner (OAIC) has functions relating to freedom of information and privacy, as well as information policy. The Office of the Privacy Commissioner , which was the national privacy regulator, was integrated into the OAIC on 1 November 2010. There are three independent commissioners in the OAIC: the Australian Information Commissioner , the Freedom of Information Commissioner , and
50-788: A broad range of perspectives, to the Australian Information Commissioner. PAC was established under section 82 of the Privacy Act. All members except the Commissioner are appointed by Her Excellency the Governor-General. PAC consists of no more than six members and is convened by the Australian Information Commissioner. The Information Commissioner reports to the Attorney-General on matters relating to Australian Government information management policy and practice, including FOI and privacy. The Information Commissioner
75-403: A national resource. The office encourages agencies to embed the principles in their internal policies and procedures on information management. The intention is that by doing so they will help build a culture of proactive information disclosure and community engagement. Freedom of Information (Scotland) Act 2002 The Freedom of Information (Scotland) Act 2002 (asp 13) was an Act of
100-480: A regime through which the citizens of the country may have access to information under the control of public and other authorities. The Information Commissioner of Canada is an independent ombudsman appointed by the Parliament of Canada who investigates complaints from people who believe they have been denied rights provided under Canada's Access to Information Act . Similar bodies at provincial level include
125-459: A stricter time limit in cases where public interest has to be considered. It contains explicit mention of disability access rights and the duties incumbent on a body which does not have the information requested, both of which are lacking in the 2000 Act, and provides for an objective test (rather than "the reasonable opinion of a qualified person") to determine if the public interest means information should be withheld. The 2002 Act established
150-764: Is a transnational organization for the coordination of privacy laws among its 59 member states and the European Union. Office of the Australian Information Commissioner The Office of the Australian Information Commissioner (OAIC), known until 2010 as the Office of the Australian Privacy Commissioner is an independent Australian Government agency, acting as the national data protection authority for Australia, established under
175-462: Is an independent agency and reports to the Attorney-General. The first Australian Privacy Commissioner was appointed in 1989 to the former Office of the Privacy Commissioner, which was the national privacy regulatory body until 2010. Major changes to federal freedom of information (FOI) law made in 2010 established the present office as the body responsible for FOI, privacy, and information policy. The Freedom of Information Amendment (Reform) Act 2010
200-422: Is assisted in this regard by an Information Advisory Committee (IAC), comprising senior officers from key agencies and people from outside government who have suitable qualifications or experience. The office has released a set of Principles on open public sector information and an accompanying report. The principles are based on the premise that public sector information is to be managed for public purposes as
225-765: The Australian Information Commissioner Act 2010 , headed by the Australian Information Commissioner . The office has three primary functions: The office is an agency within the Attorney-General 's portfolio. The office liaises with the Business and Information Law Branch, part of the Civil Law Division within the Civil Justice and Legal Services Group of the Attorney-General's Department . The office
250-610: The Information Commissioner , but limited to the bodies covered by the 2002 Act. Whilst the two Acts are similar in principle, there are some significant differences in implementation; as a rule, the Scottish Act is more strongly worded. For example, the Scottish test for public interest is stated in terms of "substantial prejudice" rather than "prejudice" , which is clearly a higher standard, and imposes
275-538: The Information and Privacy Commissioner (Ontario) . The Federal Commissioner for Data Protection and Freedom of Information (FfDF) is the federal commissioner not only for data protection but also (since commencement of the German Freedom of Information Act on January 1, 2006) for freedom of information . The Privacy Commissioner for Personal Data (PCPD) is charged with education and enforcement of
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#1732766289524300-541: The Privacy Commissioner . The Information Commission of Bangladesh promotes and protects access to information. It is formed under the Right to Information Act, 2009, whose stated object is to empower the citizens by promoting transparency and accountability in the working of the public and private organizations, with the ultimate aim of decreasing corruption and establishing good governance. The Act creates
325-701: The Right to Information Act , or whose rights under that Act have otherwise been obstructed, for example by being prevented from submitting a data request or being required to pay an excessive fee. The Office of the Information Commissioner ( Irish : Oifig an Choimisinéara Faisnéise ) in Ireland was set up under the terms of the Freedom of Information Act 1997 , which came into effect in April 1998. The Information Commissioner may conduct reviews of
350-1054: The United Kingdom , the Information Commissioner's Office is responsible for regulating compliance with the Data Protection Act 2018 , Freedom of Information Act 2000 and the Environmental Information Regulations 2004 . The Freedom of Information (Scotland) Act 2002 is the responsibility of the Scottish Information Commissioner . All other countries of the European Union and the European Economic Area have equivalent officials created under their versions of Directive 95/46 . The Europa website gives links to such bodies around Europe . The Global Privacy Enforcement Network
375-601: The Australian Parliament implemented wide-ranging open government reforms — the most significant FOI reforms in thirty years. The office was established and substantial changes were made to the FOI Act. These reforms simplified the process for accessing government information, tightened the exemptions to information release, strengthened independent oversight and review of FOI administration, promoted proactive publication of government information, and clearly stated
400-595: The OAIC enquiries line. Privacy is one of three broad functions conferred on the office. The legislative basis of these privacy functions is drawn primarily from the Privacy Act. The Privacy Act regulates how an individual's personal information is handled. For example, it covers: The Act also covers more specific matters, such as: The office has a range of responsibilities under other laws, including laws relating to data matching, eHealth, spent convictions and tax file numbers . The office provides information and advice on privacy to individuals, businesses and agencies via
425-560: The OAIC enquiries line. Under the Privacy Act a person can make a complaint to the office about the handling of their personal information by Australian, ACT and Norfolk Island government agencies and private sector organisations covered by the Privacy Act. In some circumstances, the office may also initiate an OMI. The office has the power to conduct privacy audits of Australian and ACT Government agencies, as well as some other organisations in certain circumstances. The Privacy Advisory Committee (PAC) provides strategic advice on privacy, from
450-496: The Personal Data (Privacy) Ordinance, which first came into force in 1997. The commissioner has the power to investigate and impose fines for violations. Reforms in 2021 gave it powers to investigate and prosecute suspected doxxing incidents. The Central Information Commission , and State Information Commissions, receive and inquire into complaints from anyone who has been refused access to any information requested under
475-661: The Scottish Parliament passed in 2002. It covers public bodies over which the Scottish Parliament has jurisdiction , fulfilling a similar purpose to the UK-level Freedom of Information Act 2000 . It, too, came into force at the beginning of 2005. Not all public bodies situated in Scotland fall under this remit - Scottish-based departments of the Ministry of Defence , for example, are not subject to
500-547: The Scottish Parliament, and thus would be covered by the 2000 Act not the 2002 Act. Similarly the Scottish parts of UK-wide bodies such as the Forestry Commission (which is headquartered in Scotland) are subject to the 2000 Act rather than the 2002 Act, even though they fall within the remit of the Scottish Parliament. The Act also created a Scottish Information Commissioner , whose duties were similar to those of
525-557: The decisions of public bodies in relation to requests for access to information. Since its creation, the office has been held simultaneously with that of the Ombudsman . The Information Commissioner also holds ex officio the role of Commissioner for Environmental Information. The Federal Data Protection and Information Commissioner is responsible for the supervision of federal authorities and private bodies with respect to data protection and freedom of information legislation . In
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#1732766289524550-400: The office. A person may also complain to the office if they are unhappy with the manner in which their request was handled by an agency. The FOI Act has been a feature of Australia's legislative landscape since 1982. The purpose of the FOI Act was to open government activity to public scrutiny, so as to enhance accountability and encourage citizen engagement with public administration. In 2010,
575-792: The open government object of the FOI Act. The object of the Act is 'to increase recognition that information held by the Government is to be managed for public purposes, and is a national resource'. The Reform Act introduced a new scheme for the proactive publication of government information called the Information Publication Scheme, under which government agencies are required to provide certain operational information on their websites. The office may initiate an own motion investigation (OMI). The office can also provide information and advice on FOI to individuals and agencies, via
600-451: The privacy and freedom of information (FOI) functions. However, only the Information Commissioner may exercise the information policy functions. The office’s responsibilities include: The office has freedom of information functions, including the oversight of the operation of the FOI Act and review of decisions made by agencies and ministers under that Act. If a person is dissatisfied with the result of an FOI request, they may seek review by
625-480: Was passed in May 2010, and came into effect from November 2010. This Act introduced fundamental changes to the way information held by government is managed and accessed by members of the public (see Freedom of Information). The Office of the Privacy Commissioner was integrated into the office at this time. The office is headed by the Australian Information Commissioner. Despite their titles, all commissioners can exercise
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