From the Information Commissioner: Transparency and accountability in the spotlight
Transparency and accountability are cornerstones of good governance and underpin the purpose and objectives of the Right to Information Act 2009 (RTI Act) and Information Privacy Act 2009 (IP Act).
Queensland public sector agencies, their employees and leaders play a vital role in ensuring the community has access to information and that privacy rights are protected and respected.
Under the RTI Act, agencies are not only required to respond to formal requests for information within particular timeframes but are also encouraged to proactively release documents to the public.
This commitment to openness fosters public trust, strengthens democracy, and empowers citizens to engage meaningfully with government decisions, policy and services.
Proactive and informal release of information
The RTI Act establishes a clear expectation for Queensland public sector agencies to adopt a ‘push model’ of information release. This means that, wherever possible, agencies should make information publicly available without the need for a formal request.
By proactively publishing documents, reports and data, agencies can reduce the administrative burden of processing individual RTI requests, while ensuring the community has timely access to information that affects their lives.
In cases where a formal request is made, agencies are encouraged to consider informal release wherever appropriate. This can streamline the process, providing faster access to information and reduce costs for both the agency and the applicant. Taking an approach that prioritises transparency demonstrates an agency’s commitment to openness and a genuine respect for the public's right to know.
Privacy Impact Assessments: A critical step in planning
While transparency is essential, it must be balanced with the need to protect individuals' personal information collected and held by government. As agencies adopt new digital tools and systems to improve government service delivery, it is crucial to consider the privacy implications of these innovations. This is where Privacy Impact Assessments (PIAs) come into play.
A PIA is a structured process that helps agencies identify and mitigate potential privacy risks associated with new projects, systems or policies. PIAs should not be viewed as a ‘nice to have’, but a ‘must have’.
By conducting a PIA during the planning stages of a project, agencies can ensure that privacy considerations are integrated into the design and implementation of a new initiative. This proactive approach not only helps to mitigate privacy risks, but demonstrates a commitment to safeguarding the personal information of Queenslanders. It also ensures that agencies can attest to a project being compliant with its obligations under the Queensland Privacy Principles, rather than turning their mind to privacy impacts after an issue arises.
Building public trust
By embracing transparency and proactively addressing privacy risks, Queensland public sector agencies can build and maintain trust with the community they serve. When agencies are open about their decision-making processes and take steps to protect personal information, they demonstrate their accountability and respect for the rights of individuals.
The benefits of this approach are far reaching and go beyond an agency complying with their obligations under the RTI and IP Acts.
Proactive information release can enhance public understanding of government activities, encourage community participation, and reduce the potential for misinformation.
Robust privacy practices also help mitigate an agency’s risk of data breaches and, importantly, strengthen privacy protections and safeguard individuals from harm.
A shared responsibility
Transparency and privacy are not just legal obligations—they are ethical imperatives that underpin the relationship between government and the community it serves.
By prioritising proactive release of information and the careful management of privacy risks, Queensland public sector agencies can set a high standard for accountability and integrity.
As we move forward in an increasingly digital world, including in the delivery of government services, it is more important than ever for agencies to embed ‘transparency by design’ and ‘privacy by design’ principles into their operations. By doing so, agencies can ensure that Queenslanders can continue to have confidence in the public sector and government, and their commitment to transparency and accountability.
OIC’s strategic and operational focus
OIC strives to assist agencies to succeed in meeting their obligations under the RTI and IP Acts.
Over the coming year, OIC will be increasingly focusing on the need for agencies to commit to advancing information access and privacy rights.
This includes agencies ensuring they have sufficient resourcing to respond to information access requests and privacy complaints in a timely and effective manner. Further, that agencies prioritise the protection of citizens’ personal information by identifying and monitoring evolving privacy risks.
It also includes ensuring that agencies respond to requests from OIC for information in a timely manner to avoid unnecessary delays when we are undertaking external reviews and handling privacy complaints for a member of the community. This firmer position on agency timeliness reflects OIC’s Regulatory Policy, which includes a willingness to take regulatory action when it is necessary to do so.
I invite agencies to engage with OIC and our information, education and engagement activities and initiatives that we are launching this year. In doing so, agencies will be demonstrating their commitment to upholding the values of transparency, accountability, and respect for privacy, and that the information access and privacy rights of all Queenslanders matter.
