Delivery by download link – documents and decisions
Many agencies use Kiteworks (or similar services) to give applicants access to released documents. These services allow agencies to upload documents and email the applicant a secure hyperlink from which they can download the documents.
While this method of giving access to documents can have significant benefits, agencies must ensure they comply with their obligations under the Right to Information Act 2009 (RTI Act) and Information Privacy Act 2009 (IP Act).
Time to access released documents
OIC has become aware that some agencies, when giving access via download link, advise the applicant that the link will only remain valid for a short time, for example ten or fifteen days.
Under both the RTI and IP Act, an applicant has 40 business days to access released documents. Agencies giving access via download link must ensure that the link remains valid for those 40 business days. If technological limitations prevent this, agencies must make arrangements to provide applicants with an updated link if they do not download the documents before the link expires.
Delivery of the decision notice
Agencies should carefully consider the risks of using download links for their decision notices.
Under the RTI and IP Act, a considered decision must be delivered to the applicant before the end of the processing period (or any extension) or a deemed decision will be made, refusing access to all documents. This means that the decision notice must be received by the end of the last day of the processing period.
As discussed in the September 2022 Practitioner's Forum, there have been consistent judicial decisions that sending someone a link to a document is not the same as sending them the document.
Decision notices should be attached directly to the email. If an agency only emails a link to the decision notice and the applicant does not download it before the end of the processing period, the result will be a deemed decision. Using this method for the decision notices leaves the agency with no control over the status of their decision. Additionally, if the agency also emailed a link to download the documents, those documents were released without the authority of a decision under the Act, because the deemed decision refuses access to all documents.
