SIN and Department of Families, Youth and Community Care

SIN and Department of Families, Youth and Community Care
(1999 S0119, 29 October 1999) 

The applicant sought access to the name of her putative father (i.e., the person named by her mother as her natural father) which was recorded following an interview with the applicant's mother by child welfare officers after the applicant's birth.  The respondent claimed that the name of the putative father was exempt from disclosure under s.44(l) of the FOI Act. 

This case had substantially similar facts and circumstances to those which the Information Commissioner considered in KBN and Department of Families, Youth and Community Care (1998) 4 QAR 422.  In this case, the applicant had made clear her desire to contact the person named as her father. 

The Information Commissioner considered that if the information were released and attempts were made to contact the person named, there would be strong potential for harm, especially if that person were deceased and the relatives of that person had no way to verify the claim of paternity. 

The Information Commissioner considered that the privacy interests of the person named as the applicant's father was a factor to be accorded substantial weight in determining where the balance of public interest lay.  Following consideration of the public interest arguments raised by this application, and the particular circumstances of the case, the Information Commissioner affirmed the respondent's decision that the matter in issue was exempt from disclosure under s.44(1) of the FOI Act.