Thanks for that Craig

That was a great lead in.  I submit that auDA should adopt the FOI obligations to give access to information.  Just because there is the production of the website does not guarantee that all information which should dwell in the public domain is being placed in the public domain.

As far as the privacy act 1988 is concerned I doubt that Mr Disspain has complied.  But that is going to be sorted out as I have already lodged a complaint with the Federal Privacy Commissioner under the Privacy Act 1988 (Cth), the problem is it will take at least 8 months to be investigated and may cost auDA money when it could in fact adopt a compliant structure.  Well that is my view.

Also Craig perhaps you may be able to advise of Maddocks share of the prior legal expenditure of auDA over the past number of years.  It is great that you are involved in this discussion.

We do not have any preconceived notions but do seek to be fully informed.  Fire away.

Kind regards

James Guy
 

> Mr Guy appears to confuse privacy, with freedom of information.
> 
> Freedom of information legislation applies generally to Government
> departments and agencies.  Under the Freedom of Information legislation,
> the public can access any document of a Government department and
> agency, unless certain exemptions apply.  The documents which a person
> can access under FoI are not limited to 'personal information', or
> information about the person requesting it.  Because auDA is not a
> Government department or agency, the FoI legislation does not apply to
> it.
> 
> Privacy legislation gives a person the right to access 'personal
> information' held by an organisation about that person.  It does not,
> however, entitle a person to access all documents of that organisation. 
> auDA has voluntarily opted-in to the Privacy Act 1988 (Cth), and the
> National Privacy Principles under that Act.  
> 
> The Information Privacy Act 2000 quoted by Mr Guy in his request, is
> Victorian legislation that applies only to the Victorian State
> Government's departments and agencies.  It does not apply to auDA. 
> There is also no legislation in Australia known as the 'Official
> Information Act', as far as I am aware.
> 
> In Chris Disspain's response to Mr Guy, Chris has clearly complied with
> auDA's obligations under the Privacy Act 1988, by advising Mr Guy about
> the personal information which is held by auDA about him.
> 
> 
> 
> 
> 
> Craig Ng
> Partner
> Maddocks
> 
> t  +613 9288 0523
> f  +613 9288 0666
> e  craig.ng§maddocks.com.au
> 
> >>> jamesguy§guyassociates.com.au 18/07/03 9:56:00 am >>> 
> Lets hope that the following response does not follow the same road as
> this little gem. And has auDA adopted the Privacy Act provisions.
> Someone mentioned that it had. I think we need clarification on this
> point. 
> 
> 
> 
> Dear Mr Guy, 
> 
> I refer to your email below and respond as follows:- 
> 
> 1. I am not aware of the existence of any 'Official Information Act'. 
> Please provide me with further information so that I may respond more 
> fully to you. 
> 
> 2. auDA is a public company limited by guarantee, and is not 
> Commonwealth or State Government agency, nor a public sector 
> organisation. Neither the Information Privacy Act 2000, nor any of the
> 
> State or Federal Freedom of Information Acts apply to it. 
> 
> 3. The only personal information held by auDA about you - James A.L. 
> Guy - is your name, address and telephone number, as is contained in 
> your recent email communication to us. If you are a licensee of a .au 
> domain name, then the WHOIS data held by auDA may also contain contact
> 
> information for you. 
> 
> 4. All information concerning the operation of the WHOIS database is 
> available in the public domain, including on auDA's web site. 
> 
> Regards, 
> 
> Chris Disspain 
> CEO - auDA 
> ceo§auda.org.au 
> www.auda.org.au 
> 
> 
> -----Original Message----- 
> From: jamesguy [ mailto:jamesguy§guyassociates.com.au] 
> Sent: Tuesday, 17 June 2003 14:49 
> To: Chris Disspain 
> Subject: FOI and Privacy Act request 
> Importance: High 
> 
> Pursuant to the official information Act and/or the Information Privacy
> 
> Act I hereby request 
> 
> 1. a copy of all information held by auDA regarding information about 
> James A.L. Guy and any complaint lodged with auDA; 
> 
> 2. Further, I request a copy of information held about the operation of
> 
> the whois database and the nature of all information collected and 
> amended to the whois database. 
> 
> My sole and only purpose under this request is to assist in the 
> development of submissions on the policy that is due by the end of the
> 
> month. 
> 
> I undertake not to apply for any of the domain names that I have made 
> complaints about to auda unless the domain names are made available in
> 
> the normal process of license revocation or allocation. 
> 
> This should seperate any confusion as to my motives in applying for
> this 
> information and should not be contra to policies of openness and 
> accountability in the administration of the .au domain. 
> 
> Kind regards 
> 
> James Guy 
> 
> Principal 
> Guy & Associates 
> Solicitors & Trade Marks Agent 
> 
> Level 25 Optus Centre 
> 367 Collins Street 
> Melbourne 
> VIC 3000 
> AUSTRALIA 
> 
> Phone: +61 3 9221 6151 
> Fax: +61 3 9383 6161 
> Mobile:+61 0407085553 
> website: guyassociates.com.au 
> 
> This email (including any attachments) is intended only to be read or 
> used by the addressee. It contains information that may be confidential
> 
> and legally privileged. If you are not the addressee,or you have 
> received this email by mistake, you must not disclose,copy or
> distribute 
> it or use the information contained in it (or any attachments) in any 
> way. 
> 
> If you have received this message in error please notify Guy & 
> Associates by return email or reverse charges telephone call to +61 3 
> 9221 6151 and then delete this message and any copies of it. Please
> also 
> contact us if you have any doubts about the authenticity of this email.
> 
> 
> Any legal professional privilege between solicitor and client, or any 
> other rights, are retained by Guy & Associates and are not lost or 
> waived because you have received this message in error. This email 
> (including any attachments) may also contain computer viruses or other
> 
> defects. Guy & Associates is not liable for any loss or damage that may
> 
> be caused by these viruses or defects. 
> 
> 
> 
> 
> 
> Kind regards 
> 
> James Guy 
> 
> Principal 
> Guy & Associates 
> Solicitors & Trade Marks Agent 
> 
> Level 25 Optus Centre 
> 367 Collins Street 
> Melbourne 
> VIC 3000 
> AUSTRALIA 
> 
> Phone: +61 3 9221 6151 
> Fax: +61 3 9383 6161 
> Mobile:+61 0407085553 
> website: guyassociates.com.au 
> 
> This email (including any attachments) is intended only to be read or
> used by the addressee. It contains information that may be confidential
> and legally privileged. If you are not the addressee,or you have
> received this email by mistake, you must not disclose,copy or distribute
> it or use the information contained in it (or any attachments) in any
> way. 
> 
> If you have received this message in error please notify Guy &
> Associates by return email or reverse charges telephone call to +61 3
> 9221 6151 and then delete this message and any copies of it. Please also
> contact us if you have any doubts about the authenticity of this email.
> 
> 
> Any legal professional privilege between solicitor and client, or any
> other rights, are retained by Guy & Associates and are not lost or
> waived because you have received this message in error. This email
> (including any attachments) may also contain computer viruses or other
> defects. Guy & Associates is not liable for any loss or damage that may
> be caused by these viruses or defects. 
> 
> 
> ---------------------------------------------------------------------------
> 
> List policy, unsubscribing and archives =>
> http://www.auda.org.au/list/dns/ 
> Please do not retransmit articles on this list without permission of
> the 
> author, further information at the above URL. (368 subscribers.) 
> 
> 
> ---------------------------------------------------------------------------
> List policy, unsubscribing and archives => http://www.auda.org.au/list/dns/
> Please do not retransmit articles on this list without permission of the 
> author, further information at the above URL.  (368 subscribers.)
> 


Kind regards

James Guy

Principal
Guy & Associates
      Solicitors & Trade Marks Agent

Level 25 Optus Centre
367 Collins Street
Melbourne
VIC 3000
AUSTRALIA

Phone: +61 3 9221 6151
Fax:   +61 3 9383 6161
Mobile:+61 0407085553
website:  guyassociates.com.au

This email (including any attachments) is intended only to be read or used by the addressee. It contains information that may be confidential and legally privileged. If you are not the addressee,or you have received this email by mistake, you must not disclose,copy or distribute it or use the information contained in it (or any attachments) in any way.

If you have received this message in error please notify Guy & Associates by return email or reverse charges telephone call to +61 3 9221 6151 and then delete this message and any copies of it. Please also contact us if you have any doubts about the authenticity of this email.

Any legal professional privilege between solicitor and client, or any other rights, are retained by Guy & Associates and are not lost or waived because you have received this message in error. This email (including any attachments) may also contain computer viruses or other defects. Guy & Associates is not liable for any loss or damage that may be caused by these viruses or defects.