Ownership of Budget 2012 App
Joshua Grainger made this Official Information request to The Treasury
The request was successful.
From: Joshua Grainger
Dear The Treasury,
This is a follow up to my previous Official Information Act request for the source code of the Budget 2012 app, denied due to it being a trade secret.
I would like to request under the Official Information Act:
* a copy of the contract between PaperKite and the Treasury to develop the 2012 Budget App
* if it is not revealed in the contract, or the contract is withheld, who owns the source code for the Budget 2012 App
* if the contract is withheld, whether the contract contains any terms that would prohibit the disclosure of the source code to third parties
Although not necessary under the OIA, I understand it is sometimes helpful to disclose the reason for a request. Section 9(2)(b)(i) of the Official Information Act [trade secrets] is usually used in situations where either:
a) the agency is behaving in a commercial fashion, such as tendering a contract, or is competing against the private sector
b) the agency holds information that is owned by a third party.
Obviously situation A does not apply here, so I am trying to see if situation B applies to my previous Official Information Act request for the Budget 2012 App source code.
Feel free to contact me if you wish me to clarify my request.
Yours faithfully,
Joshua Grainger
From: Samara McDowell
The Treasury
Dear Joshua Grainger
Please find attached acknowledgment of your request under the Official
Information Act, received by the Treasury on 13 August 2012.
May we ask that you supply us with a postal address also?
Regards,
Samara McDowell | The Treasury
Tel: +64 4 917 6951 | [email address]
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended
only for the addressee(s), and may also be legally privileged. If you are
not an intended addressee:
a. please immediately delete this email and notify the Treasury by return
email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited
and may be unlawful.
From: Joshua Grainger
Dear Samara McDowell,
I would prefer not to give out a postal address. This website is public and anything I post here is accessible online, and I do not particularly want my address Googlable.
I do not want anything sent by letter as I would prefer all correspondence occur over email, so I do not really see why a postal address is required anyway.
If this is in regards to my eligability under s12 to submit an Official Information Act requestt then I am a New Zealand citizen living in New Zealand.
Yours sincerely,
Joshua Grainger
From: Samara McDowell
The Treasury
Dear Joshua Grainger
Thank you for your response.
Regards,
Samara McDowell | The Treasury
Tel: +64 4 917 6951 | [email address]
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended only for the addressee(s), and may also be legally privileged. If you are not an intended addressee:
a. please immediately delete this email and notify the Treasury by return email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited and may be unlawful.
show quoted sections
From: Samara McDowell
The Treasury
Dear Joshua Grainger
Please find attached the response to your request for information under
the Official Information Act, received on 13 August 2012.
Regards
Samara McDowell
Samara McDowell | The Treasury
Tel: +64 4 917 6951 | [email address]
CONFIDENTIALITY NOTICE
The information in this email is confidential to the Treasury, intended
only for the addressee(s), and may also be legally privileged. If you are
not an intended addressee:
a. please immediately delete this email and notify the Treasury by return
email or telephone (64 4 472 2733);
b. any use, dissemination or copying of this email is strictly prohibited
and may be unlawful.
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Joshua Grainger left an annotation ()
I think the most interesting thing here is that Treasury reveals that previously someone tried to hack into their servers to gain early access to Budget material.
I would also say that the s9(2)(k) hurdle might be the hardest one to jump over. Although if the app designer built the app right there should be no chance of early release of budget materials due to them being reliant on Treasury severs, I'd say that the Ombudsmen would probably find that release of the API could possibly result in potential attempted exploitation. (Of course, security through obsfucation is not good practise, but I'd say the Ombudsmen would be unlikely to accep that argument)
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