The Office of the NSW Information & Privacy Commissioner, IPC, has today received a public award highlighting the unwarranted blocking of NSW Freedom of Information from commenting on its Twitter posts.

The block follows a warning letter issued by the IPC in December 2022, reiterating it did not appreciate the comments, classifying them as "not respectful of individuals and governmet agencies or that they are considered offensive and misleading."

The IPC's Ian Naylor, Director of Business Improvement, further stated that comments did not adhere to the IPC's Social Media Terms of Use, viewable in its IPC Social Media Policy.

The IPC wrote directly to NSW FOI's Telina Webb stating a review could be sought with the Commissioner Elizabeth Tydd CEO, which Ms Webb has requested but which she has little faith in.

"A review of the IPC's Social Media Terms of Use shows the policy, which is not legislated, to be predomintely directed towards IPC staff.  Only a very small percentage of the document actually refers to third parties.  It is difficult to see whether or not the document was written for the whole of population, however even if it was it is not enforceable to those outside of the IPC's control," commented Ms Webb.

"The IPC makes itself available to a number of key stakeholders, as detailed in an IPC document provided under corporate enquiry in mid-2022, with notably the public listed as the top stakeholder.  However, the public continues to have difficulty accessing either of the Commissioners, reducing it to the arduous task of letter writing, leaving the public feeling brushed aside and disregarded if not completely excluded from rightful access to the government's nominated subject matter expert resource.  And of course the public should be cautious about writting too many letters as this can often result in authors being labelled as vexatious, harassing, and problematic, as seems to be the common theme amongst NSW Government Agencies.  As with blocking of Twitter posts, the IPC is able to place harsh immovable restrictions on letter writing.  NSW Government Agencies use the same recipe only printed on a different letterhead."
Currently those on the stakeholder list are able to secure the IPC for regular speaking engagements and direct educational seminars, however the public struggles to get a single appointment.

In recent NSW Civil & Administrative Tribunal (NCAT) proceedings, the NSW Crown Solicitor's Kiri Mattes informed the NCAT that it "was the job of the IPC to improve the public's general understanding of the GIPA Act."  Yet the IPC provides little more for the assistance of the public than limited Fact Sheets and childish animations, along with its Twitter posts.  The Twitter posts circulate very basic information on topics inclusive of accessing government information, protecting privacy, and a great deal concerning the speaking engagements of the Commissioners and the associations they support.

"Engaging directly with the IPC's Twitter posts is an acceptable way for the public to communicate with the IPC, to contribute to important conversations and to express concerns with the current legislation.  After all, it is a public social media platform.  Clearly the IPC is not interested in public debate though, and this decision to block the ability to legitimately comment and robustly contribute to relevant public debate and relevant issues sends the clear message that the IPC has no interest in what the public has to say, and that it considers social media a one-way street for disseminating its selective messages.  It is what the public has suspected for some time, only now there is no question mark of doubt."

The comments claimed by the IPC to be disrespectful of individuals and governmet agencies or that they are considered offensive and misleading are viewable here, where the public will be invited to comment on whether or not it agrees with the IPC and give an opion about the content of NSW FOI's Tweets.

NSW Freedom of Information feels this award is well-deserved and possibly overdue.

Contact Mr Ian Naylor, Director of Business Development IPC on 1800 472 679