Minty and Department of Corrective Services

Application number:
1998 S0175
Decision date:
Friday, Jun 29, 2001

Minty and Department of Corrective Services
(1998 S0175, 29 June 2001) 

In this case, the Information Commissioner considered the application of s.44(1) and s.42(1)(c) of the FOI Act to the documents in issue which were contained on the applicant's various prison files.  With respect to s.44(1), the Information Commissioner found that the matter in issue consisted of information that was properly to be characterised as information concerning the personal affairs of persons other than the applicant for access. 

The Information Commissioner could discern no public interest considerations favouring disclosure of that matter to the applicant that might outweigh the public interest in protecting the privacy of information concerning the personal affairs of other individuals, and none were suggested to me by the applicant.  The Information Commissioner therefore found that the matter was exempt from disclosure under s.44(1) of the FOI Act. 

With regard to s.42(1)(c), the Information Commissioner was not satisfied that disclosure of the matter in issue to the applicant could reasonably be expected to endanger a person's life or physical safety.  The Information Commissioner therefore found that the matter in issue did not qualify for exemption under s.42(1)(c) of the FOI Act.