Dimes and James Cook University
(210844, 25 August 2009)
Section 44(1) of the Freedom of Information Act 1992 (Qld) – Matter affecting personal affairs
The applicant sought access under the Freedom of Information Act 1992 (Qld) (FOI Act) to an email held by James Cook University (JCU). In response to the application, JCU released all except the first sentence of the email to the applicant. On external review, in an effort to resolve the review informally, JCU agreed to release the sentence in issue, with the exception of five words.
In considering whether the matter in issue was exempt from disclosure under section 44(1) of the FOI Act, Acting Assistant Commissioner Jefferies applied the relevant principles from Stewart and Department of Transport (1993) 1 QAR 227 and Griffiths and Building Services Authority (Unreported, Queensland Information Commissioner, 31 August 1998) and found that:
· disclosure of the name of the individual as well as the other words comprising the matter in issue (disclosure of which would enable the individual to be identified) would disclose information concerning the personal affairs of that individual because the identifying information appeared in a context concerning the individual’s personal affairs, that is, their course of study
· the matter in issue was prima facie exempt from disclosure under section 44(1) of the FOI Act, subject to the public interest balancing test
· there were no public interest factors favouring disclosure of the matter in issue.
Accordingly, the five remaining words were found to be exempt from disclosure under section 44(1) of the FOI Act.
