Freedom of information and privacy: some recent development and issues

Ron Fraser

From the outset the Commonwealth FoI Act (1982) has had provisions which allow for the protection of sensitive information about individuals (section 41). Section 41 as amended in 1991 states that a document is exempt if its disclosure under the Act would involve the unreasonable disclosure of personal information about any person (including deceased). The wording of this section is examined in detail, drawing on case law where appropriate to determine the scope of 'personal information' and the approach of the Full Federal Court in Colakovski v AOTC (1991) 100 ALR 111 to the interpretation of 'unreasonable disclosure'. The author concludes that the balance between access and privacy protection under the Act has not yet been achieved, given that the full scope of the expression "personal information" still remains to be tested in practice and that despite Colakovski, there should be no leaning toward exemption of personal information.
 

Parliament and FoI in NSW

Bruce Smith

This article examines the author's view that the NSW Government has little, if any commitment to the successful operation of the NSW FoI Act. Examples used to substantiate this claim include the following: 1) the attitude of the NSW Government to a motion requiring documents under Standing Order 54, and 2) an analysis of State Departments' Annual Reports which provide numbers, usage and outcomes of FoI requests. The latter involved a longitudinal study (1989-1993) of 15 agencies in which it was determined whether the stated success of FoI usage in 1989-90 was to be repeated. Results indicated that the high watermark achieved in 1989-90 has not been matched since on an overall basis. When looking at the operations of individual agencies it is possible to compare performances, but inadequate data in annual reports makes comparisons somewhat limited. Further, the author questions the marked rise in the number of right decisions made at internal reviews, stating that it is doubtful that agency decision makers could be that good. In conclusion it is stated that the figures support the author's proposition that FoI in NSW has been a failure.
 
 

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