Date: Tue, 18 Mar 2014 16:14:08 +1100 To: Elizabeth.Coombs@ipc.nsw.gov.au From: Roger Clarke Subject: Re: Data Outside NSW Borders Dear Elizabeth Thanks very much for your prompt response. At 9:41 +1100 17/3/14, Elizabeth.Coombs@ipc.nsw.gov.au wrote: >Consultation on the draft code was advised on our website in September 2013. ÊThe officer to contact for details is Sean McLaughlan one of our managers. Ê I've contacted Sean, requesting details. However, there's a vital matter of principle here. A Privacy Commissioner has at least a moral obligation to engage with the public and civil society, and, depending on the context, the obligation may also be a legal one. A notice on a website is of course valuable in its own right, but it doesn't constitute engagement. NGOs, and even more so interested members of the public, can't reasonably be expected to continually check the web-sites of relevant agencies, in case something of relevance has appeared somewhere on them. We submit that the obligation to engage with civil society can only be fulfilled by initiating contact with relevant organisations, on each occasion that consultation is needed. For those of us who provide consultancy services in the privacy strategy and PIA space, that's normal practice. And many Clth agencies approach APF and other organisations as a matter of course. Agencies generally find it helpful to establish and maintain a list of relevant NGOs. APF of course very much wants to be included in such lists, but can also suggest a range of other relevant organisations. We look forward to your response to this submission. Thanks for your consideration. Regards Roger Clarke Chair, for the Board of the Australian Privacy Foundation