Information Commissioners and Ombudsman look to the future: embracing innovation and strengthening independence

On 15 March 2024, Information Commissioners and Ombudsmen from around Australia and New Zealand met in Melbourne as the Association of Information Access Commissioners (AIAC). 

Key areas of discussion were: 

• the public sector’s appetite to adopt Artificial Intelligence (AI) in their business operations and service delivery, including in assisting access to information and administrative decision making;
• the need to ensure access to information laws can regulate the use of new AI technologies and protect information, privacy and human rights; and
• the importance of protecting and maintaining the independence of Information Commissioners’ and Ombudsman offices.

AIAC members heard from Dr Jake Goldenfein (Melbourne University Law School) about developments in AI that are disrupting long-held notions of administrative decision making by government, notions of how data is used and who can access that data. These complex issues are being grappled with in a rapidly evolving convergence of private sector innovation and public sector investment.

AIAC members urge public sector agencies in Australia and New Zealand to ensure that information produced as a result of contracts they enter into for the provision of goods and services can be accessed by the agency and the public, including under access to information laws. Particularly where those contracts use AI or data held by, or obtained from, the public sector.

AIAC members agreed that while governments are eager to adopt new technologies, it is imperative that they do so in such a way that preserves and protects access to the data and information that is central to automated operations and decisions. Members acknowledged the importance of considering whether keeping a ‘human in the loop’ could ensure that information, privacy and human rights are preserved and protected.

Given the central role open government plays in building trust in public administration, more than ever there is a need for access to information laws to be modernised to ensure they are technology neutral, fit for purpose and protect the information rights of the public.

Forming part of the independent integrity systems within our jurisdictions, it is imperative that Information Commissioners and Ombudsmen are funded to fulfil their statutory functions in oversighting the public’s right to lawful and fair access to government information.

This communique is endorsed by:

ENDS

For further information, please contact:

The Manager, Communications and Corporate Affairs on 0435 961 691 or email communications@ipc.nsw.gov.au

About the Information and Privacy Commission:

The Information and Privacy Commission NSW (IPC) is an independent statutory authority that administers New South Wales’ legislation dealing with privacy and access to government information. The IPC supports the Information Commissioner and the Privacy Commissioner in fulfilling their legislative responsibilities and functions and to ensure individuals and agencies can access consistent information, guidance and coordinated training about information access and privacy matters.

About the NSW Information Commissioner 

The NSW Information Commissioner’s statutory role includes promoting public awareness and understanding of the Government Information (Public Access) Act 2009 (GIPA Act); providing information, advice, assistance and training to agencies and the public; dealing with complaints about agencies; investigating agencies’ systems, policies and practices; and reporting on compliance with the GIPA Act.

The Government Information (Information Commissioner) Act 2009 (GIIC Act) establishes the procedures for appointing the Information Commissioner and sets out the Commissioner's powers and functions. It outlines the method for people to complain about the conduct of agencies when undertaking their duties under the GIPA Act, and the way in which the Information Commissioner may deal with the complaint. The GIIC Act also enables the Information Commissioner to investigate and report on how agencies carry out their functions under the GIPA Act.

For further information about the IPC visit our website at www.ipc.nsw.gov.au